The Dewan Rakyat passed amendments to the Employment Act yesterday that increased maternity leave from 60 days to 98 days.
However, the amendment also removed Section 44A of the act, which earlier extended maternity leave to all female employees regardless of wage.
Without Section 44A, the maternity leave provisions extended under the Employment Act would only apply to those earning less than RM2,000, as per Schedule 1 of the act.
Schedule 1 states that all provisions under the act apply to those earning below RM2,000 unless specifically stated.
In tabling the bill, Deputy Human Resources Minister Awang Hashim said Section 44A was abolished with the intention to extend the entire Employment Act to all employees, including those earning more than RM2,000.
He said this will be done through a ministerial order, which is still in the drafting stage.
"The amendment (to allow provisions of the Employment Act to apply to employees, regardless of wage) will be made through a ministerial order, as provided for under Section 2(2) of Act 265 (The Employment Act).
"The order is currently being drafted by the Human Resource Ministry but will be enforced along with the enforcement of amendments to Act 265, once it is passed by Parliament and consented to by the Agong, at a date which will be determined later," he said.
'Maternity benefits under threat'
Some experts, however, feel this places female workers in a precarious position.
"The ministerial order could be issued the week after the law is gazetted, next year, or three years from now.
"However, the effect of 44A's removal will be immediate upon becoming law. This development threatens the maternity benefits previously protected under the act," said Azrul Mohd Khalib, who heads Galen Centre, a think tank specialising in health and social policy.
"Before yesterday, every woman irrespective of what she earns benefited from maternity provisions under the Employment Act. After yesterday, only those earning under RM2,000.
"The Dewan Negara must push back this bill to the Dewan Rakyat and make amendments to the first schedule," he said on Twitter.
Women's Aid Organisation deputy executive director Yu Ren Chung said the Human Resources Ministry had assured stakeholders the wage cap in Schedule 1 of the Employment Act would be removed, but the draft is still missing.
"We have not yet seen the order and remain concerned as to when it will be prepared and as to the exact contents of the order. The ministry must publish the order without delay before the bill becomes law," Yu told Malaysiakini.
Maternity leave is not the only protection under threat, said the Labour Law Reform Coalition (LLRC), a coalition endorsed by 58 trade unions and worker organisations.
It noted that the bill also removes Section 81G, which allows workers the right to lodge sexual harassment complaints regardless of wage level, and Section 69B, which extends protection to wage earners below RM5,000.
This means under the bill, and without the ministerial order, these protections will only be available to those earning less than RM2,000.
As such, the coalition urged for the wage cap to be swiftly removed by amending Schedule 1, which they said was promised in a previous meeting with the coalition.
"We urge the ministry to act swiftly to address the foreseeable lapse in policy implementation, which is a serious consequence that we should try to avoid," said LLRC co-chairpersons N Gopal Kishnam and Irene Xavier in a statement.
Paternity leave, flexi hours and more
The order to rescind the wage cap must come into force before the amendments are gazetted to ensure all working women are guaranteed maternity leave.
Rescinding the wage cap would grant wider protections to workers at all salary levels.
The amendments passed the Dewan Rakyat yesterday and will now go to the Dewan Negara for debate.
If it is approved by the Senate, the bill will then have to get royal assent, after which it will be gazetted and enforced.
Besides expanding maternity leave, the amendments also introduced protections for pregnant women, ensuring they can't be terminated just because they are pregnant or ill due to pregnancy.
The bill also introduces paternity leave of up to seven days for married men, for up to five children.
Other amendments give workers legal empowerment to ask for flexible working hours, although it will still be up to their bosses to approve or reject such applications.
Under the amendments, employees can apply to their management in writing for flexible working hours, subject to their contract.
The employer must then respond in 60 days to either approve or reject the application. Grounds for refusal must be stated if the employers reject the application.
The bill also included a section that expands the definition of employees, which would essentially give gig workers protection under the act. - Mkini
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