Maternity & Paternity Leave in Malaysia 2026: Your Complete Rights Guide
By SuperJobs Team · 8 min read
Quick Answer: Malaysian employees are entitled to 98 days of paid maternity leave and 7 days of paid paternity leave under the Employment Act 1955 (amended 2022). This guide covers eligibility, pay entitlements, application procedures, and employer obligations.
Malaysia significantly expanded parental leave protections with the 2022 amendments to the Employment Act 1955. Understanding your rights - whether you're an employee or employer - is essential to ensure compliance and support for working parents.
Maternity Leave (Section 37)
Key Entitlements
| Entitlement | Details |
|---|---|
| Duration | Minimum 98 days (approximately 14 weeks) |
| Eligibility | All female employees, regardless of salary level (post-2022 amendment) |
| Pay | Full salary for the 98 days if employed for at least 90 days in the 4 months before birth |
| Commencement | Can start not earlier than 30 days before expected delivery |
| Maximum children | Paid maternity leave applies to surviving children only; no cap on number of pregnancies |
| Stillbirth | Entitled to full maternity leave if pregnancy is at least 22 weeks |
Employer Obligations
- Cannot terminate a female employee during maternity leave (Section 37(4))
- Must pay maternity allowance no later than the normal pay day
- Cannot require the employee to work during the 98-day period
- Failure to comply: Fine up to RM 50,000 per offence
Paternity Leave (Section 60FA)
Key Entitlements
| Entitlement | Details |
|---|---|
| Duration | 7 consecutive days |
| Eligibility | Married male employees who have been employed for at least 12 months |
| Pay | Full salary for the 7 days |
| Timing | Must be taken within 30 days from the date of delivery |
| Condition | Must notify employer at least 30 days before expected delivery, or as early as possible |
Important Notes
- Paternity leave was introduced in the 2022 amendments - it is a statutory right, not a benefit at employer discretion
- Applies regardless of salary level
- Some employers offer extended paternity leave beyond the statutory 7 days as part of their benefits package
Filing a Complaint
If your employer denies your maternity or paternity leave rights:
- Jabatan Tenaga Kerja (JTK) - File a complaint at your nearest Labour Department office
- Online complaint - Via the JTK portal
- Timeline - Complaints should be filed within 6 years of the incident
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?Frequently Asked Questions
How many days of maternity leave are Malaysian employees entitled to in 2026?
Under the Employment Act 1955 (amended), female employees in Malaysia are entitled to 98 consecutive days of paid maternity leave. This applies to all female employees regardless of salary level, and the entitlement begins from the date of confinement or earlier if certified by a medical practitioner.
Do Malaysian fathers get paid paternity leave?
Yes, Malaysian fathers are entitled to 7 consecutive days of paid paternity leave under the Employment Act amendments. This applies to married male employees and can be taken within the period of confinement. The employee must have been employed for at least 12 months to qualify.
Can my employer refuse my maternity leave application in Malaysia?
No, an employer cannot refuse maternity leave if the employee meets the legal requirements. Maternity leave is a statutory right under Malaysian employment law. Denying this right can result in penalties for the employer under the Employment Act 1955.
Is maternity leave in Malaysia paid at full salary?
Yes, maternity leave in Malaysia is paid at the employee's ordinary rate of pay. The employer must pay the maternity allowance for the full 98 days. For employees not covered under the Employment Act, the terms are governed by their employment contract.
What happens if I am terminated during maternity leave in Malaysia?
Terminating an employee during maternity leave is considered unlawful dismissal under Malaysian law. The employee can file a complaint with the Industrial Relations Department. Employers found guilty may be ordered to reinstate the employee with back wages.