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Opinion: When Fathers Get Days and Mothers Get Months: Cambodia’s Caregiving Divide
- Apr 1
- 6 min read
By Nika Rern
Junior Research Fellow
Future Forum's junior research fellow Nika Rern was published in Cambodianess on April 1st, 2026. Check out the original article HERE, and read it below!
Cambodia has made real strides when it comes to women’s labour rights—but there’s still a noticeable gap that often gets overlooked: fathers don’t have formal paternity or parental leave.
Right now, the law guarantees women 90 days of maternity leave, with job protection and pay. That’s a meaningful safeguard. But for men, it’s a very different story. Most fathers have to rely on what’s called “special leave”—just a handful of days, and even that depends on the employer. There’s no consistent policy and no real guarantee.
That imbalance quietly reinforces the idea that caregiving is mostly a woman’s responsibility. It shapes expectations at home and at work, often leaving mothers to shoulder the bulk of care during one of the most physically and emotionally demanding periods of their lives. Over time, it also feeds into wider inequalities in the labour market—affecting everything from career progression to income stability.
A more balanced approach is possible. One practical step would be to introduce a 12-week, paid, job-protected paternity leave for fathers. This doesn’t have to happen overnight. A phased rollout—supported by existing social protection systems—could make it both affordable and realistic, while also encouraging uptake and ensuring it’s properly enforced.
At its core, this isn’t just about leave policy. It’s about recognizing that caregiving is a shared responsibility—and creating the conditions for families to actually live that reality.
Policy Proposal: 12-Week Leave for Fathers
The proposed amendment to the Labour Law would establish a new statutory right: 12 weeks (84 days) of job-protected paternity leave, to be taken after the child’s birth. The duration of 8 of the 12 weeks would be non-transferable, creating a “father quota” that cannot be shifted to mothers.
Evidence from OECD and UNICEF shows that non-transferable quotas significantly increase the fathers’ uptake because the time is explicitly for fathers, which reduces stigma. This could also be a start in breaking gender norms and the belief that childcare is only a woman's job.
Eligibility should cover both the public and private sectors, including contract employees, probationary workers with at least six months of service, and adoptive parents. The current law states that, “female employees in Cambodia are entitled to a maternity leave of 90 days, with 50 percent of their wages paid by their employer”, under §182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021).
However, upon further analysis, the leave should be paid at 80–100 percent of previous average earnings, following international best practice, which links high wage replacement to high uptake. This could entice families to take the full leave allotment, as there would be less economic pressure to return to work.
A mixed financing approach primarily through the National Social Security Fund (NSSF), complemented by employer contributions and a temporary government subsidy during the first two years of rollout would ensure sustainability while avoiding sudden cost-shifts to employers.
The amendment should specifically protect jobs and prohibit dismissal, demotion, or wage penalties before, during, or after leave. Violations must carry enforceable sanctions such as fines, mandatory reinstatement, and back pay.
Fathers should also be free to take the 12 weeks either continuously or in blocks, with at least one two-week compulsory continuous period after birth to support early bonding and maternal recovery. Employers should be required to maintain internal records of leave requests and report the uptake annually to the Ministry of Labour, therefore creating transparency and accountability, making it enforceable.
Why 12 Weeks? Evidence for Behavioral, Social, and Economic Impact
International research shows that 2–3 days of paternity leave does not meaningfully shift caregiving norms, while 8–12 weeks of father-specific leave produces long-term behavioral change. Fathers who take at least two weeks of leave are more likely to remain involved in childcare years later; longer leave can result in improved infant health, strengthened maternal mental health, and increased breastfeeding duration.
Countries like Iceland, Norway, and Germany that implemented 10–14 weeks of non-transferable father leave report better labour outcomes for mothers, more fair household labour allocation, and higher father engagement in their children's upbringing.
Twelve weeks can balance high impact with realistic financing for a lower-middle-income economy like Cambodia, and aligns with the reform horizon found in many OECD countries during the early stages of expanding father leave.
Legal Compatibility with Cambodia’s Current Framework
Cambodia's labour law already includes important maternity provisions such as employment protection, anti-discrimination measures, and benefits such as nursing breaks. These create a solid legal foundation for the inclusion of paternal leave.
Rather than drafting entirely new legal structures, policymakers can simply amend the existing legal structures, to include and adapt the maternity framework to include paternity leave. Recognizing access to paternity leave as a right for fathers is a crucial extension of the current policy rationale, since maternity leave is already acknowledged as being crucial to worker protection and child health.
This policy would support a more gender conscious society that moves towards promoting and sustaining gender equity.
Concrete Implementation Pathway
A clear, realistic rollout sequence is essential to ensuring both uptake and sustainability. The government has four practical steps it can take, with a timeline of 12–36 months spread out with a phased rollout timeline:
1. Draft Amendment and Stakeholder Consultation (Months 0–3)
The Ministry of Labour drafts the amendment based on existing maternity clauses. Consultations should include employer associations, unions, civil society organisations, women’s rights groups, and the NSSF. Consultation would provide support in aligning the design, and address financing, administrative procedures, and compliance incentives.
2. Pilot in the Public Sector and Large Enterprises (Months 4–12)
Public-sector implementation should begin first. Government ministries can model compliance, normalize uptake, and publicly report participation rates and provide transparency. This approach would reduce risk for small private employers (SMEs) by testing the administrative system.
During the same phase, large firms (≥100 employees) can be brought in with optional participation and temporary cost-sharing incentives. Examining the results during the first stage of implementation would also allow for any needed revision or adaptation, before rolling it out to the general public.
3. Establish Financing and Payment Administration (Months 4–18)
The NSSF should manage the cash benefit. A preferred approach for sustainability is for the NSSF to fund 80 percent wage replacement for all eligible weeks, with employers providing a small (10 to 20 percent) top-up or administrative contribution, to ease and support families' economic hardships and challenges, incentivizing fathers to utilize their paternity leave.
To ease the transition, the government can provide a temporary subsidy during the first two years until employer contributions fully integrate into the system. This reflects common approaches in ILO-supported social protection reforms.
4. National Scale-Up (Years 2–3)
Once administrative and financing mechanisms are stable, the policy should expand to all enterprises. SMEs receive temporary tax credits or NSSF contribution rebates to support compliance. Labour inspectors are trained to monitor uptake, handle complaints, provide support/solutions to concerned parties and enforce sanctions for unfair dismissal or discrimination.
Potential Counterarguments
A common concern is that fathers may hesitate to take leave because they fear negative judgement at work. However, this barrier can be directly addressed through design, by applying a clause that makes the leave non-transferable and only available to the father, as a “non-transferable father quota”.
When the leave cannot be transferred to mothers, fathers are more likely to utilize paternity leave. Establishing paternity leave as a law can challenge the idea of gendered roles in caregiving and child rearing and provide fathers more time to care for their spouse, their newborn child.
Moreover, with the current maternity leave pay set at only 50 percent of the mothers income, families make financial sacrifices to have children. When pay is set at 80-100 percent of their salary, for both mothers and fathers, financial constraints are eliminated. Evidence consistently shows that wage replacement is the strongest predictor of uptake.
On the other hand, fear and concerns may arise amongst employers, especially SMEs, due to the cost of paying 80-100 percent of the employee salary, alongside disruption to daily operations due to labour shortage. This issue could be solved through early tax rebates together with NSSF credits, which could provide a safety net for SMEs.
If this is paired with flexible usage for employees, which would allow leave to be taken in blocks or with part-time return (without force or negative repercussions), this could also reduce concerns of workflow disruption.
Strategic Opportunity for Cambodia
Neighboring countries such as Vietnam (five days), the Philippines (seven days), and Indonesia (two days) provide minimal paternal leave. Thailand recently introduced reforms offering up to 15 days, signaling regional movement toward strengthening father’s paternity leave rights.
By adopting a 12-week policy, Cambodia would position itself as a leader in gender-responsive labour policy in the ASEAN region. This would not only advance gender equality but also demonstrate alignment with international commitments on decent work and family-friendly policies.
To advance this reform, Cambodia should adopt a legislative amendment that (1) establishes 12 weeks of job-protected, paid paternity leave; (2) minimal 8 weeks as non-transferable; (3) funds the benefit through NSSF with shared financing; (4) phases implementation over three years; and (5) enforces anti-discrimination protections with real sanctions.
When men take part in child rearing and child care duties, norms can shift and change, propelling Cambodia to be a leader in gender equity and equality.
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