8 October 2026
Maternity Leave in Malaysia: 98 Days & Pay Rules
Maternity leave in Malaysia is 98 consecutive days under the Employment Act. Who qualifies, how maternity pay works and what to tell your employer.
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Under the Employment Act 1955, a female employee is entitled to 98 consecutive days of maternity leave for each confinement. This was increased from 60 days by the Employment (Amendment) Act 2022, in force from 1 January 2023.
Maternity leave rules at a glance
The table summarises the main rules in the Act. Your contract can give you more than this, but not less.
| Topic | What the Act says |
|---|---|
| Length | 98 consecutive days for each confinement |
| Pay | Maternity allowance at your ordinary rate of pay |
| Service condition | Employed for at least 90 days in the 9 months before the confinement, and employed at some point in the 4 months before it |
| What counts as confinement | Childbirth after at least 22 weeks of pregnancy, whether the child is born alive or not |
| When it starts | No earlier than 30 days before the expected delivery and no later than the day after the confinement |
| Returning early | Possible with your employer's consent and a medical certificate that you are fit to work |
Maternity pay
While on maternity leave you receive a maternity allowance at your ordinary rate of pay, as long as you meet the service conditions in the table. Because the 98 days are consecutive, weekends and public holidays inside the period count towards the 98.
What the Act also checks
The Act contains further conditions linked to the number of surviving children, so check the current text of section 37 or ask the Labour Department if this applies to you.
Who this page covers
This is a general summary of the Employment Act for private-sector employees in Peninsular Malaysia and Labuan. Sabah and Sarawak have their own Labour Ordinances, and government employees follow public-service circulars, so those rules can differ.
Telling your employer
Give your employer your medical details and expected delivery date early so the start date and handover can be planned. If your husband works for a private-sector employer, he may also qualify for paternity leave.
Frequently asked questions
How many days of maternity leave do you get in Malaysia?
98 consecutive days for each confinement under the Employment Act 1955, since the 2022 amendment took effect on 1 January 2023. Earlier rules gave 60 days.
Is maternity leave paid in Malaysia?
Yes, you receive a maternity allowance at your ordinary rate of pay if you meet the service conditions, including at least 90 days of employment in the 9 months before the confinement.
Do weekends and public holidays count in the 98 days?
Yes. The 98 days are consecutive, so weekends and public holidays within the period are counted.
Can the husband take leave when his wife gives birth?
Eligible married male employees can take 7 consecutive days of paternity leave. See our paternity leave guide for the conditions.