Quick answer (as of October 2026): under the Employment Act 1955 (as amended in 2022, in force since 1 January 2023), a female employee is entitled to at least 98 consecutive days of maternity leave for each confinement, and a married male employee is entitled to 7 consecutive days of paid paternity leave, if he meets the service and notice conditions explained below. The employer pays the maternity allowance, not SOCSO.
Where this applies: the 2022 amendments apply only in Peninsular Malaysia and the Federal Territory of Labuan. Sabah and Sarawak are still governed by the Labour Ordinance (Sabah) Cap 67 and the Labour Ordinance (Sarawak) Cap 76, so employers in East Malaysia should check the current entitlements with the Labour Department of Sabah or Sarawak. (Source: JTKSM Employment Act 1955 (Amendment) 2022 FAQ)
What is Maternity Leave?
Maternity leave in Malaysia is a legal entitlement under the Employment Act 1955. Every female employee is entitled to maternity leave for each confinement, and the Act covers female employees at any wage level. Here, "confinement" means giving birth after at least 22 weeks of pregnancy, whether the child is born alive or not. This period allows mothers to recover and care for their newborns, ensuring their well-being and readiness to return to work.
What is Paternity Leave?
Maternity leave is exclusively for mothers, reflecting the need for physical recovery after childbirth. Paternity leave, introduced by the 2022 amendments to the Employment Act 1955, lets fathers look after their wife and newborn and handle matters such as registering the birth. It is much shorter than maternity leave, but it is a statutory entitlement that employers must honour once the conditions are met.
Do Employers Have to Offer Maternity and Paternity Leaves?
Yes. In Peninsular Malaysia and Labuan, employers must provide maternity leave and paternity leave under the Employment Act 1955, as long as the employee meets the conditions below. Employers in Sabah and Sarawak should follow their own Labour Ordinances and confirm the entitlements with the state labour department.
How Long is Maternity Leave in Malaysia?
A female employee is entitled to at least 98 consecutive days of maternity leave for each confinement (section 37, Employment Act 1955). This replaced the old 60 days from 1 January 2023, and it applies to an employee who gives birth on or after that date. The key rules are:
- Maternity leave cannot start earlier than 30 days before the confinement or later than the day after the confinement.
- If she stops work earlier than 30 days before the confinement, the extra days are not treated as maternity leave and carry no maternity allowance.
- If a doctor certifies that she cannot perform her duties satisfactorily because of her advanced pregnancy, the employer may require her to start leave at any time in the 14 days before the date of confinement set by the doctor.
- She can return to work early only if she asks, the employer agrees and a registered medical practitioner certifies her fit to work. An employer cannot order her back early.
- She must notify the employer of the expected confinement, and the date she intends to start leave, within the 60 days before the expected confinement (section 40). Late notice can suspend payment of the allowance until she gives it.
How Many Days of Paid Paternity Leave Do Employees Get?
A married male employee is entitled to 7 consecutive days of paid paternity leave, at his ordinary rate of pay, for each confinement (section 60FA, Employment Act 1955). He is eligible if:
- He is married. The Act refers to a married male employee.
- He has been employed by the same employer for at least 12 months immediately before the paternity leave starts. Service before 1 January 2023 counts.
- He has notified the employer of his spouse's pregnancy at least 30 days before the expected confinement, or as early as possible after the birth.
The leave is limited to 5 confinements, regardless of the number of spouses, and twins or other multiple births count as one confinement. It starts on the day the spouse gives birth and runs for 7 consecutive days, including rest days and public holidays. A stillbirth after at least 22 weeks of pregnancy also counts as a confinement. (Source: JTKSM Employment Act 1955 (Amendment) 2022 FAQ)
What is Maternity Allowance?
Maternity allowance provides financial support to new mothers during maternity leave, so they do not face financial hardship while recovering from childbirth and caring for their newborns. Under section 37 of the Employment Act 1955, the maternity allowance for the 98-day leave is paid by the employer, not by SOCSO (PERKESO).
In May 2026, PERKESO announced a planned Post-Maternity Leave Allowance (Elaun Pasca Cuti Bersalin, EPCB) to be introduced through an amendment to the Employment Insurance System Act 2017 (Act 800). We could not find a confirmed start date on the PERKESO website at the time of writing, so check with PERKESO before telling employees it is available. (Source: PERKESO media statement, 2 May 2026)
Eligibility of Maternity Allowance
Under section 37(2) of the Employment Act 1955, a female employee is entitled to maternity allowance from her employer if she meets both of these conditions:
- She has been employed by the employer for a total of at least 90 days in the nine months immediately before her confinement.
- She has been employed by the employer at any time in the four months immediately before her confinement.
No maternity allowance is payable if, at the time of her confinement, she already has five or more surviving children. For this rule, "children" means all natural children, irrespective of age. The Act treats the maternity leave and the maternity allowance as two separate entitlements, so an employee who does not qualify for the allowance should still be given the leave.
How Much Maternity Allowance Do Eligible Employees Get?
For each day of the 98-day eligible period, the employer pays a maternity allowance at the employee's ordinary rate of pay for one day, or at the rate prescribed by the Minister, whichever is greater (section 37(2)(b)). Some practical points:
- "Ordinary rate of pay" means wages as defined in the Act for the normal hours of work for one day. It does not include payments under an approved incentive payment scheme.
- An employee on a monthly rate of pay is treated as having received the allowance if she keeps receiving her monthly wages, without any deduction, while she is on leave.
- The allowance is paid in the same way as wages (section 38).
- An employee cannot claim paid sick leave for any period in which she is entitled to maternity allowance (section 60F(4)).
Can Employers Terminate Pregnant Employees?
No, except in three situations. Under section 41A of the Employment Act 1955, it is an offence for an employer to terminate the services of, or give notice of termination to, a female employee who is pregnant or ill because of her pregnancy, unless the ground is wilful breach of a condition of the contract (section 13(2)), misconduct (section 14(1)) or closure of the employer's business. The burden of proving that the termination was not because of the pregnancy or the related illness rests on the employer. It is also an offence to terminate a female employee's service during her maternity leave, except on the ground of business closure (section 37(4)).
Can Employers Refuse Maternity or Paternity Leave?
Employers cannot refuse maternity leave to a female employee covered by the Employment Act 1955. Whether she qualifies for the maternity allowance depends on the conditions above, but the leave itself is a statutory entitlement. Offences under the Act that have no specific penalty are subject to a general penalty of up to RM50,000 following the 2022 amendments.
For paternity leave, an employer has to grant the 7 days once the employee is married, has 12 months of service with the same employer and has given the required notice. Outside those conditions, the paternity entitlement does not apply, so keep records of the marriage, service and notice dates for each request.
Best Practices for Managing Maternity and Paternity Leave
For HR professionals and employers, understanding and adhering to maternity and paternity leave regulations is crucial. By implementing best practices below and fostering a supportive environment, companies can ensure compliance, enhance employee satisfaction, and promote a positive workplace culture.
- Develop Clear Policies: Outline maternity and paternity leave policies in the employee handbook. Ensure employees are aware of their rights and the procedures for applying for leave.
- Communicate Openly: Encourage employees to inform HR about their pregnancy or intent to take paternity leave early. This allows for better planning and smooth transitions.
- Support During Leave: Maintain communication with employees on leave to offer support and keep them informed about workplace developments.
- Plan for Coverage: Arrange temporary coverage for employees on maternity or paternity leave to ensure business continuity.
- Promote a Family-Friendly Culture: Foster an inclusive environment that supports employees' family responsibilities, enhancing overall workplace satisfaction.
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