Maternity & Paternity Leave in Malaysia 2026: Your Complete Rights Guide

Quick Answer: In Malaysia, a female employee is entitled to at least 98 consecutive days of maternity leave for each birth, paid at her ordinary rate if she has worked 90 days for the employer in the nine months before. A married male employee gets 7 consecutive days of paid paternity leave after 12 months' service. Both come from the Employment Act 1955, as amended in 2022.

Key fact	Rule (Employment Act 1955)
Maternity leave	At least 98 consecutive days per confinement (section 37)
Earliest start	30 days before the birth
Maternity pay	Ordinary rate of pay, if employed 90 days in the 9 months before the birth and at any time in the last 4 months
No maternity pay	If you already have five or more surviving children (leave still applies)
Paternity leave	7 consecutive paid days per birth, for up to five births (section 60FA)
Paternity eligibility	Married, 12 months with the same employer, employer told 30 days ahead
Dismissal while pregnant or on leave	An offence, apart from narrow exceptions (sections 37(4) and 41A)
Penalty where none is specified	Fine up to RM50,000 (section 99A)

Checked against the Employment Act 1955 (reprint incorporating amendments to 1 January 2023) on 1 October 2026.

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How much maternity leave do you get in Malaysia in 2026?

At least 98 consecutive days for each birth. The Employment (Amendment) Act 2022 raised the minimum from 60 days, with effect from 1 January 2023.

Ninety-eight days is 14 weeks, the minimum in the International Labour Organization's Maternity Protection Convention 2000 (No. 183). Malaysia's figure now matches that benchmark.

The leave covers each "confinement", which the Act defines as giving birth after at least 22 weeks of pregnancy, "whether alive or dead". A stillbirth after 22 weeks therefore carries the same 98 days.

Who is covered:

• Every female employee on a contract of service, whatever her salary. The RM4,000 wage limit in the First Schedule removes only overtime and holiday-pay rules for higher earners, not maternity rights.
• Not domestic employees. The First Schedule excludes them from the maternity provisions.
• Not civil servants, who follow the public service's own leave rules.

The leave is "not less than" 98 days, so your contract can give you more but not less.

When does maternity leave start?

You choose, within limits. Under section 37(1)(b), maternity leave cannot start earlier than 30 days before the birth, or later than the day after it.

Two rules shape the timing:

• A doctor can bring it forward. If the employer's appointed doctor certifies that you cannot do your work because of your advanced pregnancy, you can be required to start leave during the 14 days before the expected birth.
• Leave taken too early is not maternity leave. Days off more than 30 days before the birth do not count as maternity leave and are not paid as maternity allowance.

You can also go back early. Under section 37(1)(aa), you may return to work at any time during the 98 days if your employer agrees and a registered medical practitioner certifies you fit.

Who gets paid maternity leave, and how much?

You are paid your ordinary rate of pay for each of the 98 days if you meet both conditions in section 37(2)(a):

1. You worked for the employer for at least 90 days in total during the nine months before the birth; and
2. You were employed by that employer at some point in the four months before the birth.

If you are paid monthly, you simply keep receiving your monthly salary during the leave. There is one exception: you get no maternity allowance if you already have five or more surviving children. You still get the 98 days of leave.

Worked example. Siti is a composite case, not a real person. She has worked for two years as an admin executive at a manufacturing company in Penang on RM3,000 a month, and expects her first child in early March 2026. She starts maternity leave on 1 March. Counting 98 consecutive days, her leave runs until 6 June: 31 days in March, 30 in April, 31 in May and six in June. She receives her full RM3,000 salary for March, April and May, and her salary for the first six days of June.

Month	Days of maternity leave	Paid
March 2026	31	Full salary
April 2026	30	Full salary
May 2026	31	Full salary
June 2026	6	Salary for those days
Total	98

Can your employer dismiss you while pregnant or on leave?

Only in very limited cases, and the burden of proof is on the employer.

• While pregnant. Section 41A, added in 2022, makes it an offence to terminate a pregnant employee, or one ill because of her pregnancy, except for wilful breach of contract, misconduct after due inquiry, or the closure of the business. The employer must prove the termination was not because of the pregnancy.
• During maternity leave. Section 37(4) makes it an offence to terminate an employee during her maternity leave. The only exception is the closure of the business.
• After maternity leave. If a doctor certifies that you are unfit for work because of illness arising from the pregnancy, section 42 bars termination for up to 90 days after your maternity leave ends.

An offence with no specific penalty carries a fine of up to RM50,000 under section 99A. If you are dismissed, you can complain to the Labour Department, and for dismissal without just cause you can make a representation under the Industrial Relations Act 1967 within 60 days. Our guide to retrenchment and layoff rights and our guide to disciplinary action and misconduct explain both routes.

How much paternity leave do fathers get?

Seven consecutive days of paid leave for each birth, under section 60FA. It is limited to five births, "irrespective of the number of spouses".

To qualify, a married male employee must:

1. have worked for the same employer for at least 12 months before the leave starts; and
2. have told the employer about his spouse's pregnancy at least 30 days before the expected birth, or as early as possible after the birth.

Paternity leave is paid at the ordinary rate of pay. The Act does not set a deadline for taking it after the birth, so check your company policy for when to apply.

Worked example. Arun is a composite case, not a real person. He is a software engineer at a bank's technology centre in Kuala Lumpur and has been there 18 months. His wife's due date is 20 March, and he emails HR on 10 February. He qualifies, and takes seven consecutive days of paid paternity leave when the baby is born.

Maternity, paternity and other leave compared

Leave	Days	Paid?	Section
Maternity leave	At least 98 consecutive	Yes, if eligible	37
Paternity leave	7 consecutive	Yes, after 12 months' service	60FA
Annual leave	8, 12 or 16 a year	Yes	60E
Sick leave	14, 18 or 22 a year	Yes	60F
Hospitalisation	Up to 60 a year	Yes	60F

If you fall sick while on annual leave, or go into labour, section 60E(1B) turns those days into sick or maternity leave and gives you the annual leave back. For a full list of leave types, see our guide to types of leave in Malaysia, and for annual leave and public holidays see annual leave entitlements.

How do you apply?

1. Check your eligibility dates. Count your service in the nine months before the due date for maternity pay, or 12 months for paternity leave.
2. Tell your employer in writing. Give the expected date of birth. For paternity leave, do it at least 30 days ahead.
3. Agree the start date within the 30-day window before the birth.
4. Keep records of your notice, medical certificates and payslips.
5. If your employer refuses, raise it with HR in writing, then file a complaint with the Labour Department (JTK).

What mistakes do parents and employers make?

• Using the old 60-day rule. The minimum has been 98 days since 1 January 2023.
• Assuming high earners are excluded. The RM4,000 threshold does not apply to maternity or paternity leave.
• Starting leave too early. Days more than 30 days before the birth are not maternity leave.
• Missing the paternity notice. Fathers who do not tell the employer 30 days ahead may have to rely on "as early as possible after the birth".
• Treating dismissal during pregnancy as a normal termination. It is an offence unless one of the narrow exceptions applies.

Where to go next

• See all leave types in our types of leave guide.
• Facing redundancy? Read about retrenchment and layoff rights.
• Dismissed for alleged misconduct? See disciplinary action and misconduct.
• Looking for an employer with better benefits? Browse jobs on SuperJobs.

Sources

All checked 1 October 2026.

• Employment Act 1955 (Act 265), reprint incorporating amendments to 1 January 2023: section 2 (definition of "confinement"), sections 37, 41A, 42, 60E, 60F, 60FA and 99A, and the First Schedule.
• Employment (Amendment) Act 2022 (Act A1651), in force 1 January 2023.
• International Labour Organization, Maternity Protection Convention, 2000 (No. 183).
• Industrial Relations Act 1967 (Act 177), section 20.