KUALA LUMPUR, August 6 — Women, Family and Community Development Minister Nancy Shukri told the Ministry of Health (MOH) today that civil servants are entitled to 90 days’ maternity leave.
Nancy was responding to questions about the Hulu Langat district health office (PKD) cutting maternity leave for medical officers in all 15 public health clinics in the district in Selangor from 90 to 60 days, effective since last June 27, due to staff shortages.
“For the government, there is no choice; there is no issue of wanting to restrict. We have to comply,” Nancy told reporters in Putrajaya today.
“The 90 days are already in the regulation.”
CodeBlue obtained an audio recording of Nancy’s press conference.
Last Saturday, Selangor state health director Dr Ummi Kalthom Shamsudin justified Hulu Langat PKD’s reduction of maternity leave to 60 days for women doctors based on the Public Service Department (JPA) Human Resource Services Circular (Leave Facility) Version 1.0 (2022) circular.
Section 4.2 of the circular states that the maximum maternity leave for each birth is set at 90 days. “However, the officer is given flexibility to determine, on their own, the period of maternity leave at between 60 and 90 days for each birth.”
Some people have interpreted this provision as meaning that the individual civil servant has the authority to set her own maternity leave period, not her head of department or superiors.
Nancy told reporters that she would raise the issue at tomorrow’s Cabinet meeting.
“I’ll make sure that they’ll take note and act on it. I’ll get details and information so that I can bring it to the Cabinet tomorrow.”
In a statement yesterday condemning the shortened maternity leave of 60 days for medical officers in Klinik Kesihatan under Hulu Langat PKD, Hartal Doktor Kontrak (HDK) called for intervention from the Women, Family and Community Development Ministry.
HDK pointed out that the World Health Organization (WHO) mandates compliance with International Labour Organisation (ILO) standards of minimum 14 weeks, or 98 days, of maternity leave and support for breastfeeding.
Under the 2022 amendment of the Employment Act 1955 that covers all private sector employees – which came into force on January 1, 2023 – minimum paid maternity leave entitlement was increased from 60 to 98 days, matching international labour standards.
In a statement yesterday, the Congress of Unions of Employees in the Public and Civil Services (Cuepacs) told the MOH that the reduction of maternity leave for medical officers from 90 to 60 days, although believed to be technically legal, violated workers’ rights.
Health Minister Dzulkefly Ahmad has yet to issue a statement on the matter, amid public uproar among not just government doctors, but also the general public, following the Selangor state health department’s statement last Saturday.
