SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN (iv) In 2011, the Government incorporated the definition of ‘sexual harassment’ and other related provisions15 in the Employment Act 1955 to address sexual harassment in the workplace. While this is a commendable step, the Commission is of the considered opinion that the definition of ‘sexual harassment’ is not sufficiently comprehensive. This is because the employer, and not the employee, determines if sexual harassment has occurred and the definition is only confined to alleged occurrences at the workplace. At the same time, the process for complaints and the penalties are inadequately covered. The Commission is also concerned particularly about the complaints procedure in cases against an employer, as under the amendments, the DirectorGeneral of Labour is authorised to direct the employer to inquire into complaints, which could result in biasness.16 (v) The Commission recommends that the Ministry of Women, Family, Community and Development (hereafter referred to as “the MWFCD”) and the Ministry of Human Resources review the provisions regulating sexual harassment cases and consider having a separate and more comprehensive law on sexual harassment and not merely an amendment to the Employment Act 1955 which only addresses the issue of sexual harassment which occurs at the workplace. 3.8.2 Maternity Leave (i) The Commission welcomes the introduction of a new Government directive extending maternity leave from 60 days to 90 days for civil servants beginning on 15 October 2010 and thereafter. This is in line with the spirit of CEDAW and gives the mother the opportunity to bond with her child which is essential in early infancy. (ii) That said, the Government has capped this entitlement to a maximum of 300 days and a working mother is given the flexibility to customize the maternity leave between 60 to 90 days for each birth. The Commission is of the view that the maximum cap on maternity leave may 15 Part XVA Sexual Harassment, Section 81A, 81B,81C, 81D, 81E, 81F, 81G; Employment (Amendment) Act 2012, Act A1419 came into force on 1 April 2012. 16 SUHAKAM’s Annual Report 2011, p.65. 8