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The debate on how much maternity leave is enough is ongoing, as certain quarters argue the case for 90 days.

IN an ideal world, women would be able to take a year’s paid maternity leave to care for their infant at no cost to their jobs. Govern­­­­ments, employers and co-workers would emphatise with working mothers and their need for flexibility at work to deal with their newborns.

And ideally, the National Union of Bank Employees’ (NUBE) petition for a 90-day maternity leave for working women wouldn’t be questioned.

In reality, however, costs and projected losses take precedence over empathy. Employers worry that an additional 30 days maternity leave will cripple business and cause losses.

Presently, under the Employment Act 1955, all Malaysian women are entitled to 60 days paid maternity leave. This entitlement is not supposed to be viewed as a benefit; rather it is the legal right of all female workers.

The NUBE, however, is bidding for change and hopes to have the Act amended to allow women to be off for another 30 days.

NUBE general secretary J. Solom­on explains: “There are a few factors involved. We want to be closer to the International Labour Organisa­tion (ILO) Convention which recommends a minimum of 14 weeks maternity benefit for women. Some of our neighbouring countries are enjoying 90 days or more, in some instances. Why can’t we get the same benefit?

“Besides, 60 days is not sufficient time for a mother to fully recuperate from labour. It takes time to bond with her child and this ‘new’ relationship is what forms the foundation for a better future (for society),” says Solomon.

NUBE launched a campaign to obtain a million signatures for their petition for 90 days maternity leave last March. To date, the union has almost 500,000 signatures.

It hopes to collect a million signatures by August, in conjunction with the National Day celebrations.

“We hope to organise an event and present the voices of the nation to the Prime Minister,” says Solo­mon, adding that the Prime Minis­ter’s wife, Datin Seri Rosmah Man­­sor, has already signed the petition.

Though various quarters, including women’s groups and opposition leaders, have pledged support for NUBE’s campaign, many employers and the Government have yet to do so.

Human Resources Minister Datuk Dr S. Subramaniam said last March that his ministry has no plans to extend the current 60-day maternity leave.

“So far, the existing law is working fine and we don’t really have any problems with it. So, there is no need for an immediate amendment. However, I am aware of the criticism that we need to streamline with other countries,” he says.

NUBE isn’t the first to broach the subject. In 2007, Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil attempted to get the Cabinet’s approval for 84 days of maternity leave. Unfortunately, nothing materialised.

This time around, she’s assured NUBE that after her ministry has “studied the issue”, the matter will be presented to the Cabinet again and a decision could be made within a couple of months.

Malaysian Employers Federation (MEF) executive director Shamsud­din Bardan is equally against the extension.

“Business costs will definitely be affected negatively and the country’s current position as a competitive nation may suffer,” says Shamsuddin.

This year, Malaysia was named one of the top 10 most competitive nations (among 58 economies) in the World Competitiveness Year­book (WCY) study by the Swiss-based Institute for Management Development (IMD). The annual study has been conducted since 1999 and this was the first time our country made it to the top 10, after being No.18 last year.

“Organisations with a large female workforce may be forced to review their presence in Malaysia; job opportunities for female employ­ees may reduce drastically and productivity will also be affected because the number of working days will be significantly reduced.

“At present, if a female employee goes on maternity leave (60 days), she is likely to work for only 148 days in a year. If this leave is extended by another 30 days, she would be working for only 118 days,” says Shamsuddin, adding that this estimate does not include possible sick days and public holidays.

In a recent report in an English daily, Shamsuddin was quoted as saying that the extra 30-day maternity leave would cost the nation RM1.1bil, a cost the MEF was not willing to bear. This is based on the assumption that the country’s 253,581 women in formal employment earn an average of RM57 a day.

“Employers disagree with any move to increase maternity leave. Here, employers pay (for) the 60 days maternity leave. In Singapore, when the maternity benefit was increased from 60 to 84 (days), the government agreed to pay for the additional 24 days. In Thailand, Indonesia and Philippines, maternity leave is paid by social security,” he points out.

Shamsuddin’s concerns reflect the sentiment of most employers in Malaysia.

An article in The Malay­sian Insider quoted a number of human resource managers voicing their objections to the 90-day proposal which they say would inconvenience work operations and affect the bottom line.

“I doubt if the Government would subsidise (employers for the extra 30 days), given the current efforts to reduce subsidies. Other incentives such as tax breaks will not make the country more competitive,” he adds.

For NUBE, such opposition, though disappointing, is not unexpected.

“Maternity protection must be taken seriously and emphasised. We don’t want our women workers to be left out when their counterparts in the region are enjoying better benefits.

“We’ve received support from the Malaysian public and we hope that the Government and employers won’t focus only on their short-term business interests but, rather, see the bigger picture of how such policies augur well for society at large,” says Solomon.

“Look at Singapore. Has its productivity been affected? In fact, they are already a high-income economy. Our perceptions should change. If we offer mothers extra maternity leave, they will have more time to recuperate. After 90 days, they should be ready to return to work and perform better,” he adds.

Women Development Collective (WDC) executive director Maria Chin Abdullah feels the matter isn’t a women’s issue but a societal one.

“This (proposed 90-day maternity benefit) will really challenge the existing work culture here (in Malaysia) where people tend to take as few days of medical leave as possible and are even hesitant to use up their annual leave. If they do, they feel guilty about it.

“It isn’t the same in other countries where employees, both men and women, are allowed to take a year off on half-pay or no pay for maternity. They have a different value system – one that values the well-being of a person.

“Here, they (employers) work you day and night. Most employers don’t value the employees who help their productivity,” exclaims Maria.

“There are biological differences between men and women, and because of this, women have this extra responsibility. Men, too, should be encouraged to take paternity leave to spend time with the family.”

Unfortunately, the immediate reaction to this is to cite the cost involved. Maria stresses that it’s time the corporate world and the Government changed their position.

Dr Alvince Dev, a consultant obstetrician and gynaecologist with a hospital in Kuala Lumpur, feels an extended maternity period is necessary to allow mothers to bond with their infants.

“For most uncomplicated deliveries, you can probably recover in 42 days. This falls within the existing period of maternity leave. But this doesn’t take into consideration difficult births or babies born with complications, A woman may go through trauma during childbirth. Most women experience some degree of post-partum blues. It takes at least three weeks to recover, by which time, they would have to return to work,” explains Dr Alvince.

The stress of taking care of a baby – even with 90 days off – is not imagined or exaggerated, he insists.

“Most of the time, the burden of looking after an infant is on the mother as fathers don’t usually play an active role. So, it’s very stressful for women, especially those delivering for the first time.”

Unfortunately, Dr Alvince admits that his basis for argument is intangible.

“You can’t measure the importance of bonding in a child’s life. You can’t prove that just because a mother spent three months with her infant, the child will turn out better,” he says.

On the other hand, some organisations have taken it upon themselves to lead the way.

Early last month, Citibank announced that it would extend maternity leave from the present 60 days to 90 days, making it the first bank in the country to do so. Other banks like Hongkong and Shanghai Banking Corporation (HSBC) Bank Malaysia Berhad and Commerce International Merchant Bankers Berhad have followed suit.

HSBC executive director and deputy chief executive officer Jon Addis says: “As an international organisation, HSBC understands that it’s important to consider the welfare of its employees and, as part of a global initiative, we have agreed to extend paid maternity leave to 90 days. This will contribute to a better working environment for our organisation and be in line with the ILO Convention 183 on Maternity Protection.”

Some states, notably those under the Opposition, like Kelantan and Selangor, have also embraced the idea. Hopefully, it won’t take too long before 90 days of maternity leave becomes the acceptable standard practice for both the public and private sectors.