Key takeaways
- Every private sector employee in Malaysia has a legal right to 98 consecutive days of paid maternity leave.
- Your employer pays your full ordinary salary throughout all 98 days, not SOCSO and not the government.
- To receive maternity allowance, you must have worked for the same employer for at least 90 days in the 9 months before confinement.
- It is illegal for your employer to terminate you because of pregnancy or illness arising from pregnancy.
- Contract and part-time employees are also entitled to maternity leave protections across Malaysia, just like permanent staff.
Introduction
Navigating maternity leave in Malaysia can feel overwhelming, especially with so much conflicting information circulating online. Knowing your legal entitlements puts you in control — so you can plan your finances, your recovery, and your baby's arrival with confidence and peace of mind.
This article covers everything you need to know: how many days you are entitled to, who qualifies, how much you will be paid, your rights at work, special situations, and practical planning tips.
What is maternity leave in Malaysia?
Image: Pregnant woman sitting at a desk reviewing employment documents at home.
Maternity leave is paid time off work around childbirth, governed by the Employment Act 1955 (Act 265) for Peninsular Malaysia and the Federal Territory of Labuan. Following the Employment Act (Amendment) 2022, effective 1 January 2023, maternity leave was extended from 60 to 98 days and now covers all private sector employees regardless of salary level. This was a significant change that strengthened protections for millions of working mothers across the country.
How long is paid maternity leave in Malaysia?
Image: Calendar with maternity leave dates highlighted.
Your maternity leave entitlement depends on your employment sector and location.
Private sector (Peninsular Malaysia and Labuan)
All private sector employees in Peninsular Malaysia and Labuan are entitled to 98 consecutive calendar days per confinement, regardless of salary level, effective 1 January 2023, under Section 37 of the Employment Act 1955.
To help you plan: if your due date is 1 March, your leave can begin as early as 30 January, and your 98 days would end on 7 May. If you start leave on 2 March (the day after delivery), your 98 days end on 7 June. Use this to map your return-to-work date well in advance.
Government employees and civil servants
Civil servants are governed by JPA (Public Service Department) circulars, not the Employment Act, so entitlements vary depending on grade and service conditions. Teachers are subject to different provisions. Check directly with your HR department or refer to the Pekeliling Perkhidmatan applicable to your grade.
Employees in Sabah and Sarawak
The Employment Act 1955 applies to Peninsular Malaysia and Labuan only. However, following their 2025 amendments, both Sabah and Sarawak now also provide 98 consecutive days of maternity leave under the Sabah Labour Ordinance (Amendment) Act 2025 and the Sarawak Labour Ordinance (Amendment) Act 2025, with the same eligibility conditions. If your employer is not providing these protections, you can raise a formal complaint with your local Department of Labour branch or find advisory information at the Malaysian Government Portal.
Who is eligible for maternity leave and maternity allowance?
Image: Pregnant employee discussing maternity leave with HR.
Maternity leave eligibility has two separate parts: the right to take the leave, and the right to be paid during it.
Who is eligible for maternity leave in Malaysia?
Any female employee under a contract of service (permanent, contract, or part-time) is entitled to maternity leave, provided the confinement results in a live or stillborn child after at least 22 weeks of pregnancy.
Who is eligible for maternity allowance in Malaysia?
To receive maternity allowance, you must have been employed by the same employer for at least 90 days in the 9 months before confinement, and employed by that employer at any time in the 4 months before confinement. If both conditions are met, your employer is legally required to pay. This cannot be withheld.
How much will I get paid during maternity leave in Malaysia?
Here is exactly what you can expect when it comes to pay during your 98 days.
Who pays maternity allowance in Malaysia?
Your employer pays your full salary throughout all 98 days, with no deductions and no gaps. A common misconception is that SOCSO covers maternity allowance in Malaysia's private sector. It does not. The obligation falls entirely on your employer, from day one to day 98.
Does the number of children affect my maternity allowance?
One exception exists under the Act: if you already have 5 or more surviving children, you are still fully entitled to take all 98 days off, but the paid maternity allowance does not apply under the law. Many employers choose to pay regardless. Check your employment contract.
What if an employer does not pay maternity allowance?
If your employer refuses to pay, you have clear legal recourse. File a complaint with the Department of Labour Peninsular Malaysia (JTKSM), and they will act on your behalf. The employer will be required to pay the full amount owed. The law is firmly on your side.
When should I tell my employer about maternity leave?
You may start maternity leave up to 30 days before your expected delivery date. If no early leave is taken, it starts no later than the day immediately following delivery. The 98 days are calculated in calendar days, including weekends and public holidays.
You must notify your employer within the 60 days before your expected confinement date. While Section 40 does not specifically require a medical certificate, most employers will request one, so check with your HR department.
If you miss the notification window because of an early delivery or a genuine medical emergency, your maternity allowance should remain protected. Inform your employer as soon as you are able and keep records of all communication.
Practical steps:
- Inform HR by the end of your second trimester, not in the final weeks.
- Provide a medical certificate if requested by your employer.
- Get written acknowledgement from your employer.
- Agree on your leave start date and expected return date in writing.
Rights during maternity leave
Malaysian law provides strong protections for pregnant employees and new mothers, covering termination, extended leave, and your rights when returning to work.
Can an employer terminate a pregnant employee in Malaysia?
It is an offence for an employer to terminate a pregnant employee or an employee experiencing a pregnancy-related illness, unless on grounds of a wilful breach of employment terms, misconduct, or closure of the business. If termination does occur, the burden of proof rests with the employer, not you.
What happens if you cannot return after 98 days?
If you are unable to return after 98 days due to illness arising from pregnancy or confinement, certified by a registered medical practitioner, your employer cannot terminate you for a further 90 days. In certified cases, your total protection can extend to 188 days.
Returning to work: options and entitlements
You cannot be forced to return early. You may return early with your own application, employer consent, and medical clearance. Upon returning, you have the right to formally request flexible working arrangements, including changes to working hours, days of work, or place of work. Your employer must respond in writing within 60 days and must state grounds if the request is refused.
Maternity leave in special situations
Maternity leave entitlements may differ depending on your situation, including contract employment, stillbirth or pregnancy loss, and self-employment.
Is contract staff entitled to maternity leave in Malaysia?
Yes. Since the Employment Act (Amendment) 2022, all employees under a contract of service (permanent, contract staff, and part-time) are covered regardless of salary. Those who meet the eligibility conditions are fully entitled to maternity leave and allowance.
Stillbirth and pregnancy loss after 22 weeks
Even in the event of a stillbirth or pregnancy loss after 22 weeks of pregnancy, a female employee is entitled to the full 98 days of maternity leave. This leave exists to support physical and emotional recovery, and you should take all of it.
Self-employed and freelancers
The Employment Act does not cover self-employed individuals, so freelancers are not entitled to statutory maternity leave or maternity allowance. While schemes such as EPF's i-Saraan may help self-employed workers build long-term savings, they are not a replacement for paid maternity benefits.
Tips for planning your maternity leave
- Know your entitlement early. Speak to HR by the end of your first trimester. Confirm maternity leave eligibility, leave dates, and pay entitlement in writing.
- Map your 98 days financially. Your ordinary rate of pay continues, but plan ahead for hospital fees, baby essentials, and confinement care.
- Check your contract. Some employers offer more than 98 days. Know what yours says.
- Notify on time. Notify your employer within 60 days before your expected confinement date. Keep copies of all communications.
- Start preparing your hospital bag early, ideally by 34 to 36 weeks. Our Hospital Bag Checklist for Mums-To-be (Part 1): Labour & Recovery covers everything you need.
- Discuss your return before you leave. Flexible working arrangement requests must be responded to within 60 days. Plan the conversation early. Your partner may also be entitled to paternity leave, and our guide to Paternity Leave in Malaysia: All You Need to Know covers everything he needs to know.
FAQs: Maternity leave in Malaysia
Is maternity leave paid in Malaysia?
Yes. Private sector employees across Malaysia are entitled to 98 days of paid maternity leave at their ordinary rate of pay, funded by their employer, provided they have worked for the same employer for at least 90 days in the 9 months before confinement.
Does maternity leave include weekends and public holidays?
Yes. The 98 days are calculated in consecutive calendar days, so weekends and public holidays are included and count toward your total.
Can I take maternity leave before delivery?
Yes. Maternity leave can start as early as 30 days before your expected delivery date. It cannot begin earlier than that, but you have the flexibility to choose when within that window.
What if my employer refuses to give me maternity leave?
Your employer cannot legally refuse maternity leave or withhold maternity allowance. File a complaint with the Department of Labour Peninsular Malaysia (JTKSM) if your entitlement is denied. The law is on your side.
Is maternity leave the same as annual leave?
No. Maternity leave is a separate statutory entitlement under the Employment Act 1955. It cannot be counted against or deducted from your annual leave balance.
Conclusion
Maternity leave in Malaysia now provides 98 consecutive days of paid leave for all private sector employees across the country, with full salary paid by your employer, strong termination protections, and coverage for permanent, contract, and part-time employees. Knowing your rights is the first step to planning your baby's arrival with confidence. The law is on your side.
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