Maternity Leave
98 consecutive days
Paternity Leave
7 consecutive days
Pay During Leave
Full pay (if eligible)
Governed By
Employment Act 1955
2023 Update — 98 days. The Employment Act amendments effective 1 January 2023 increased maternity leave from 60 to 98 consecutive days for all employees covered under the Employment Act. This applies to the public and private sector. Paternity leave was also introduced at 7 consecutive days for the first time.
Maternity Leave Entitlement
| Benefit | Entitlement |
|---|
| Maternity leave duration | 98 consecutive days |
| Maximum number of eligible confinements | 5 surviving children (unlimited for marriages after 1 January 2023 amendment — see below) |
| Minimum service for paid leave | None — all employees are entitled regardless of length of service |
| Pay during leave | Full ordinary rate of pay (ORP) per day |
| Earliest start date | Up to 30 days before expected confinement date |
5-child limit update: Under the Employment Act (as amended), maternity leave allowance applies for up to 5 surviving children. Children from all marriages combined count towards this limit. However, the employer still cannot dismiss an employee for taking maternity leave regardless of how many children she has.
Who Is Covered
The Employment Act 1955 covers employees earning RM4,000/month or below, and all manual workers regardless of wage. However, since 1 September 2022, the Employment Act's maternity and paternity leave provisions have been extended to apply to all employees in the private sector regardless of salary.
| Employee Type | Covered? |
|---|
| Private sector employee (any salary) | Yes — Employment Act 2022 amendments |
| Government servant (civil service) | Yes — 90 days under General Orders (slightly different rules) |
| Contract employee (fixed-term) | Yes — if contract covers the confinement period |
| Daily-rated or piece-rate worker | Yes — calculated on ordinary rate of pay |
| Self-employed / gig worker | No Employment Act entitlement; may apply for SOCSO SIP (if contributing) |
Documents You Need
- Doctor's letter or certificate — confirming expected/actual delivery date (from OB-GYN or hospital)
- Written notice to employer — at least 30 days before maternity leave commences, if possible
- Leave application form — your company's internal HR form specifying 98 days
- Child's birth certificate — to be submitted after delivery for HR records and payroll
- MyKad — for HR records update and SOCSO claim
- Hospital discharge summary — sometimes requested by HR or insurer for group medical claims
For SOCSO SIP Maternity Benefit: additional documents required — see the SOCSO section below.
Step-by-Step: Claiming Your Maternity Leave
- Notify your employer as early as possible. Inform HR and your manager of your pregnancy and expected delivery date — ideally at the end of the first trimester. The Employment Act requires at least 30 days' written notice before commencing maternity leave. Earlier notice gives both you and your employer more time to plan handover.
- Obtain a letter from your doctor. Get a letter or certificate from your gynaecologist confirming your expected confinement date (Estimated Due Date / EDD). Hospitals typically issue this at your regular prenatal checkups. Keep a copy for your records.
- Submit your leave application to HR. Complete your company's leave application form specifying "maternity leave — 98 days" and your proposed start date. Your leave can start up to 30 days before your EDD. Attach the doctor's letter.
- Confirm your maternity pay arrangement with HR. Your employer must pay your ordinary rate of pay (ORP) during the 98 days. Clarify whether your company pays via normal payroll or adjusts for the leave period. Salary should continue without interruption.
- After delivery: submit your child's birth certificate. Once your baby is born, register the birth within 14 days (at hospital or JPN), then provide HR with a copy of the birth certificate. This updates your employment records and may be required for group insurance and employee benefit purposes.
- Apply for SOCSO SIP Maternity Benefit (if applicable). If you are covered under SOCSO's Employment Insurance System (EIS/SIP) and your employer has been contributing, you may be entitled to an additional SIP maternity benefit. See the SOCSO section below. This is separate from your Employment Act entitlement.
- Return to work after 98 days. You are entitled to return to your same position on the same terms after your maternity leave. Inform HR of your return date. If your employer attempts to demote, reduce your pay, or terminate you for taking maternity leave, this is illegal under the Employment Act.
SOCSO SIP Maternity Benefit
The Employment Insurance System (EIS/SIP) administered by SOCSO/PERKESO includes a Maternity Allowance (Elaun Bersalin) for eligible female employees.
| Item | Details |
|---|
| Who qualifies | Female employees with at least 3 months of EIS contributions in the 6 months before confinement |
| Amount | Based on average daily salary (insured wage) — paid for the duration of maternity leave |
| How to apply | Via SOCSO Assist (socso.gov.my) or at any SOCSO office |
| Documents needed | Maternity application form, MyKad, hospital birth record, child's birth certificate |
| Processing time | 14–21 working days |
SIP benefit vs Employment Act pay — not double pay. SIP maternity benefit is coordinated with your employer's maternity pay. The SIP benefit typically supplements or reimburses part of the employer's cost. You do not receive both in full unless your employer's policy provides additional pay on top of the statutory requirement. Check with your HR team.
Paternity Leave (Cuti Bersalin Bapa)
Malaysia introduced statutory paternity leave under the Employment Act amendments effective 1 January 2023.
| Item | Entitlement |
|---|
| Duration | 7 consecutive days |
| Eligible confinements | Up to 5 surviving children |
| Pay during leave | Full ordinary rate of pay |
| Minimum service required | None |
| Notice requirement | As soon as reasonably practicable; inform employer of birth date |
The 7 days must be consecutive. Leave should generally be taken immediately after or around the birth. Your employer may request the child's birth certificate as supporting documentation.
Documents for Paternity Leave
- Written notice or leave application form — notify employer of birth date and start of paternity leave
- Child's birth certificate — submitted to HR after JPN registration
- Marriage certificate — to confirm legitimate paternity (if requested by employer)
Your Rights — What Your Employer Cannot Do
Under the Employment Act 1955 (as amended), it is an offence for an employer to:
- Dismiss or terminate an employee solely for being pregnant or for taking maternity leave
- Reduce your salary during maternity leave — you are entitled to full ordinary rate of pay
- Demote or downgrade your position upon return from maternity leave
- Refuse to allow you to return to your position after maternity leave
- Force you to use annual leave to cover your maternity leave
If your employer violates these rights: File a complaint with the Department of Labour (Jabatan Tenaga Kerja, JTK) or the Industrial Relations Department (Jabatan Hubungan Perusahaan, JHP). You may also engage a labour lawyer for wrongful dismissal claims. Keep records of all communications with your employer.
Maternity Leave vs Annual Leave vs Medical Leave
| Leave Type | Duration | Can It Be Concurrent? |
|---|
| Maternity leave | 98 consecutive days | Runs independently; employer cannot substitute with other leave |
| Annual leave | Per contract (min 8–16 days) | You may choose to take annual leave before or after maternity leave, but not instead of it |
| Medical leave (hospitalisation) | Per contract | If you are hospitalised for complications during/after maternity, you may be entitled to separate sick/hospitalisation leave on top of maternity leave |
Pro Tips — What Many Employees Don't Know
- Your leave starts before delivery — plan it. You can start maternity leave up to 30 days before your EDD. Don't wait until labour — plan your last working day with enough buffer for unexpected early delivery.
- Check your employment contract for enhanced benefits. Many companies offer more than the statutory 98 days (e.g. 120 days, full salary for 6 months). Check your offer letter or HR policy — you're entitled to the better of the two.
- Maternity leave does not affect your annual leave accrual. You continue to accrue annual leave during your maternity leave period. Your annual leave balance should not be deducted for the maternity leave days.
- EPF and SOCSO contributions continue. Your employer must continue making EPF and SOCSO contributions during your maternity leave as if you were working, based on your ordinary rate of pay.
- Stillbirth is still a confinement. Under the Employment Act, "confinement" includes the birth of a non-viable infant or stillbirth after 28 weeks of gestation. You are entitled to full maternity leave and pay in this situation.
- Put everything in writing. Notify your employer in writing, submit your leave form in writing, and keep copies. If there is any dispute later, written records are essential for a Labour Department complaint or industrial tribunal case.
Frequently Asked Questions
Do I get paid during maternity leave?
Yes — you are entitled to your full ordinary rate of pay for all 98 days of maternity leave. Your ordinary rate of pay (ORP) is calculated as your monthly salary divided by 26 (for a standard 6-day work week) or 22 (for a 5-day work week), depending on your employment terms. Your employer cannot withhold or reduce your salary during maternity leave.
What if my baby is born early or late?
If your baby arrives early, your maternity leave starts from the actual delivery date and runs for 98 consecutive days. If your baby is overdue and you have already started maternity leave (up to 30 days before EDD), your leave still counts from the day you started — your total remains 98 days. The Employment Act does not provide extra days for late births.
Can I take maternity leave for a miscarriage or stillbirth?
For miscarriages before 28 weeks of gestation: the Employment Act does not cover this as a "confinement" — but you may be entitled to sick/hospitalisation leave for the medical procedure and recovery. For stillbirth after 28 weeks: this is treated as a confinement under the Employment Act and full 98-day maternity leave and pay applies. Check if your company has an enhanced bereavement or miscarriage leave policy.
Can I extend maternity leave beyond 98 days?
The Employment Act only mandates 98 days. To extend, you can: (1) use accumulated annual leave immediately after maternity leave, (2) negotiate unpaid leave with your employer, or (3) check if your company has an enhanced maternity policy. Your employer is not legally required to grant extensions beyond 98 days, but they cannot refuse reasonable requests for annual leave on discriminatory grounds.
Does maternity leave apply to adoptive mothers?
The Employment Act's maternity leave provisions cover biological confinement — not adoption. However, some companies have adoption leave policies. Check your employment contract and HR policy. Adoptive parents may be entitled to annual leave to handle the adoption process, and the government has progressively discussed expanding leave benefits for adoptive parents.
What if I was just hired — do I still get maternity leave?
Yes — there is no minimum service period under the Employment Act for maternity leave entitlement. Even a new employee who becomes pregnant is entitled to 98 days of paid maternity leave. Some employers attempt to impose a probation-period exclusion — this is not permitted under the Employment Act. Your entitlement begins on your first day of employment.
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⚠ Disclaimer: This guide is for informational purposes only and is not legal advice. Employment Act provisions and SOCSO benefits are subject to amendment. For advice specific to your situation, consult the Department of Labour (JTK) or a licensed employment lawyer. Last reviewed: March 2026.