MALAYSIA’S women labour force participation rate is still low and lagging in Asean.

Countries such as Cambodia, Vietnam and Singapore reported women participation rate of more than 60% in 2018.

Meanwhile, as this year’s first quarter, our women labour participation rate is only 55.8% as reported by Department of Statistics.

While there are many factors that contributes towards the lack of women in the workforce, discrimination towards pregnant women is undeniably one of the main contributing factors.

According to Women’s Aid Organisation (WAO), a survey found that more than 40% of women experienced pregnancy discrimination.

This includes denial of promotion, prolonged probation period, and worse, higher likelihood of job loss due to the perceived extra cost of employing female employees.

Another survey reveals that 40% of women had been asked about their personal lives, if they plan to become pregnant or if they were already pregnant.

In Budget 2020, it was announced that maternity leave will be increased from 60 days to 90 days.

Human Resources Minister M. Kulasegaran said: “Maternity leave is essential for a new mother as after birth, she needs to take good care of herself to rebuild her strength and will need plenty of rest, good nutrition and help. Both maternity leave and paternity leave are part of workers’ welfare, family well-being and the well-being of the community.”

However, this move has received disapproval from certain employers.

One of it includes a local entrepreneur that claims there may be a negative impact, putting an emphasise, that women may “go out of touch very quick and deter more employers to put women in high-ranking positions”.

Additionally, Malaysian Employers Federation executive director Shamsuddin Bardan has expressed his worries on SME’s availability to absorb additional cost due to this move.

Some find it truly saddening to hear an opposing view from a woman itself.

In reality, maternity leave is a part of fundamental human rights according to Convention No.183 and Recommendation No. 191(2000) of International Labour Organisation (ILO).

Based on ILO, 14 weeks of maternity leave is the minimum standard of period. Although, it is further recommended by ILO member states to extend the maternity period up to at least 18 weeks.

This is crucial for the mothers to recover from childbirth and provide an adequate care to their children. Aside from the main purpose that is to create a bonding between a mother and the child.

What can the government do?

First, amendments should be made to the existing Employment Act in respect to gender discrimination.

Job-seekers should be legally protected from discrimination, irrelevant or inappropriate questions during job interviews. 

Currently, there is no law in Malaysia that stated it is wrong for an employer to not hire a pregnant woman.

However, questions related to pregnancy and marital status can be seen as a form of discrimination.

Hence, the existing labour laws should be revised in accommodating pregnant women in the labour market.     

Second, paternity leaves should be encouraged among the private sectors in order to break the gender barriers and discrimination.

At present, there is a structural discrimination towards women as they are most likely to take maternity leave.

This weaken women’s position in the labour market as they are perceived to be lacking and they spend less time in the market. Hence, allowing a paternity leave will tilt the cost scale equally to both gender as men will also be entitled to parental leave.

An equal right should then be emphasised and given to men in sharing responsibility during childbirth as a balancing act.

Lastly, in considering the case of SMEs that employ less than five workers, government may consider a shared contribution between the public and private sectors in funding the cost to maternity leave.

In certain countries such as Honduras and Mexico, the state pays a specific percentage as a supplementary contribution in regard to maternity benefits.

Thus, to protect the SMEs, government can adopt this model by working hand in hand with SMEs in providing maternity benefits.

Considering our fertility rate has declined in the past years, maternity leave needs to be stressed as one of the supports given to working mothers.

Encouraging and supporting an increment of birth rates should be considered as an investment to the economy.

This is also to ensure female talent can be retained in the economy, especially when the number of women enrolled in universities are on the rise. – October 15, 2019.

* Izzura Izhar is a research analyst for the Institute for Research & Development of Policy.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.