Not so easy to apply 90-day maternity leave policy – MTUC

KUCHING: Applying the 90-day maternity leave policy for civil servants on employees of the private sector is easier said than done.

Malaysian Trade Unions Congress (MTUC) Sarawak secretary Andrew Lo, who stated this, said even if the government plans to make it mandatory on private sector employees in Sarawak, a provision in the State Labour Law would need amending.

Lo believes that that the announcement by Prime Minister Datuk Seri Najib Tun Razak for the private sector to follow suit the 60-day maternity leave for civil servants was just a political gimmick and an election ploy, though the practice is a norm around the world.

Lo also said allowing women who are five months pregnant and their husband who work together at the same workplace to leave earlier than the others only applies to the civil service as it would need the state labour law to be amended if the policy is to be applied to the private sector.

“It is also demeaning to women as it means that females who are pregnant are not productive. And to allow their husbands an early retirement from the office as well is ridiculous and embarrassing,” he said.

However, he agreed that the 90day maternity leave might be in line with current best practices and would encourage women to join the workforce.

Lo was responding to public queries on whether the 90day maternity leave and early retirement of five-month pregnant women and their husbands from the office would breed discrimination against young women during job interviews and recruitment by private companies especially when they are small and/or just starting their business.

It was claimed that small companies would find it difficult to afford this scheme, as it would affect productivity.

When contacted, PKR Women national vice president Voon Shiak Ni agreed with the policy to extend maternity leave from 60 to 90 days, saying it is in line with the call to support the participation of women in the workforce and also a step forward to promote the wellbeing of women and children.

However, it is also an undeniable reality that some private firms are unable to sustain 90 days long paid leave by employees due to short-handedness and also the inability to pay workers on leave if it takes up to few months, Voon said.

“In the Pakatan Harapan (PH) manifesto we also talk about 120 days leave for maternity but PH is careful enough to plan on details on how to support the private sector especially those medium and small private companies to adhere and to implement the new policy. Pakatan Harapan plans on incentives and tax exemption for the private sector to cushion the foreseeable negative economic impact on their company.”

Voon claimed that the proposal for 90 days maternity leave had drawn flaks from the private sector and it would give employers reason not to oblige to employ women.

“My point is that every single policy affecting the people and nation as a whole must be formulated carefully with the feedback and consultation with all the stakeholders.

“Is there any consultation done with the private sector’s employers and to work out a system to support them to implement this 90 days maternity leave?

“A recent survey done by Women Aids Organisation (WOA) revealed that more than 40 per cent of women who went for job interviews were asked questions on their marital status and also their plans to have children. Therefore, we seriously think that the government has to work out some measures to ensure that the policy can be implemented effectively across the private sector to let our women workforce have their 90 days maternity leave and to ensure that this policy will not result in more unemployment among young women,” she stressed.

Malaysia has an obligation to ensure that the principles of Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) are adhered to as Malaysia is signatory to this human rights treaty since 1995, Voon pointed out.

“It is imperative that any policies affecting the people must come in only with sufficient consultation from the stakeholders so that any new good policy introduced can work positively and progressively for all. We do not want the policy of a 90-day maternity leave to come with the expense of losing out on more job opportunities for women to be gainfully employed. We remind the government of the day not to dish out policies only for the sake of fishing for votes,” she said.