THE Sabah Labour Ordinance (Chapter 67) will be amended so that employees in the state get the same benefits as workers in Peninsular Malaysia, Deputy Human Resources Minister Mustapha Sakmud said.

In his response to the case of a man from Sabah whose wife died after giving birth, where the man was only given leave for two days by his employer, he said the provision of seven days of paternity leave for fathers in the Peninsula has not yet been enforced in Sabah.

In a statement today, Mustapha said the Sabah government had given approval to the Human Resources Ministry to amend the Labour Ordinance.

“It has been refined with discussions between the government, employers and trade unions in Sabah taking into account economic aspects and the reality of Sabah’s development,” he said.

Recently, Facebook user ‘Exly Jailon’, whose wife died alongside their six-day-old baby when he returned to work, claimed that he had to work after two days of paternity leave because his employer threatened to cut his salary. His Facebook post went viral. 

According to Mustapha, the Sabah Department of Labour had obtained information regarding the case and according to a source from the employer, the employee was allowed to take his annual leave to settle his matters.

He said the employer had also provided assistance and contributions and they were ready to extend any help that the employee needed.

He said the department’s investigation also found that the employer had indeed deducted the employee’s salary for 13 days during the mourning period for not applying for annual leave. After being advised by the department, the employer withdrew the salary deduction and paid his salary in full.

According to the law, employees must work for a full 12 months in advance to be eligible to apply for annual leave and it is understood that the employee only started work with the company from December 2, 2022.

“I request that netizens not blame anyone in this case because the employer complied with the Labour Ordinance (Sabah Chapter 67),” he said, adding that the ministry has given its commitment that workers’ rights will be pursued in accordance with the standards outlined by the International Labour Organisation. – Bernama, June 6, 2023.