Employment Act · 2026 Revised Edition · Part · Employment of Women
94. Notice of confinement
In plain English
Not legal advice
A female employee must tell her employer her leave start date at least one week before. She must report the date of childbirth to her employer as soon as practicable. If she fails either duty, she gets only one-half of her payment, unless sufficient cause prevented her. She may name another person in writing to receive payments for her.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
A female employee shall, at least one week before absenting herself from work in accordance with section 91(1), give notice to her employer specifying the date of which she intends to commence absenting herself from work.
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
A female employee who has been confined shall, as soon as practicable, inform her employer of the date on which she was confined.
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
Any female employee who fails to give notice as required under subsection (1) or who fails to inform her employer as required under subsection (2) shall be entitled to only one-half of the amount of any payment to which she would otherwise be entitled under this Part, unless she was prevented by any sufficient cause from giving such notice or information.
A female employee may at any time in writing nominate some other person to whom any payment to which she is entitled under this Part may be paid on her behalf; and any such payment made to the person so nominated shall for the purpose of this Act be deemed to be a payment to the female employee who nominated such other person.
Employment
Terms defined in this Act
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
week
Defined · s 68“week” means a continuous period of 7 days commencing at midnight on Sunday.
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