Maternity Leave in Malaysia: Rights, Benefits & Employer Duties

Maternity leave in Malaysia gives you 98 days of paid time off, if you’re eligible under the Employment Act 1955. And yes, your employer has to honour it when the conditions are met.

But here’s the catch, what’s “eligible”? Who pays you? And can your boss say no? For expecting mums, the rules feel vague. For employers, compliance isn’t always clear either.

This guide answers it all. We will cover who qualifies, what you’re owed, when to apply, and what your boss legally must do.

Comparison Table: Maternity Leave Overview 

Who Qualifies for Maternity Leave in Malaysia?

You must work at least 90 days in the 9 months before giving birth.

This applies to full-time, part-time, and contract employees under the Employment Act 1955, as updated in recent years.

Employers must be informed at least 60 days before the expected delivery date, usually with a certified medical certificate. This gives the company time to plan handovers and ensure payroll is set correctly.

Summary Checklist:

• Worked ≥ 90 days before delivery
• Applies to full-time, part-time, contract workers
• 60-day advance notice to employer
• Must be covered under the Employment Act

For HR folks, keep a standard maternity leave form and reminder system to handle early notifications.

Is Maternity Leave Paid? Who Covers It?

If you qualify for maternity leave under Malaysia’s Employment Act, your employer must pay your full wages for all 98 days of leave. This includes basic salary and any fixed monthly allowances.

Unlike some countries, Malaysia places the financial responsibility solely on the employer. SOCSO maternity benefits only apply to non-working mothers or those outside the Employment Act’s scope.

Employers are also not allowed to:

• Deduct your pay because you’re on leave
• Delay payment until after you return
• Pay partial wages or remove fixed benefits

Failure to pay maternity wages can result in legal action, including fines up to RM10,000 under Section 100 of the Employment Act.

When Should Maternity Leave Start?

You can start maternity leave up to 30 days before your due date. Malaysia’s Employment Act allows you to begin your 98-day leave anytime within the 30 days before expected delivery.

If you haven’t applied for early leave, your 98-day entitlement automatically starts on the delivery date, ready or not, baby sets the clock.

What You Need to Do:

• Get a medical certificate confirming your expected delivery date
• Notify your employer at least 60 days in advance (the law says so!)
• Agree on your intended start date to avoid payroll or HR confusion
  

Why Plan Early?

• Protects your job and income
• Gives HR time to plan your coverage
• Saves you from last-minute policy drama

Discuss your leave date around your second trimester, you’ll still have time to adjust if baby surprises you early.

Can Employers Deny Maternity Leave?

Maternity leave isn’t up for debate, literally. If you’re eligible under the Employment Act 1955, your employer is required by law to grant you 98 days of maternity leave. No excuses. No “let’s talk later.” 

It’s a statutory right, and employers are liable for lawsuits if they do not comply.

If Leave Is Denied Unfairly:

• File a complaint with the Department of Labour (JTK)
• You may be entitled to back pay or reinstatement
• Employers could face fines of up to RM10,000 under Section 100

Remember: Maternity leave is not a favour, it’s a protected employment right. If you meet the criteria, your employer is legally bound to approve it.

What Are Employers Required to Do?

Employers must provide maternity leave, full wages, and job security, no shortcuts.

Under Malaysia’s Employment Act 1955 (Section 37), employers have clear legal responsibilities when an employee takes maternity leave. I

1. Pay Full Wages on Time

• Maternity leave must be fully paid, basic salary + fixed monthly allowances
• Wages must be paid according to the usual payroll schedule
• No delays, deductions, or missed payments allowed during the 98-day leave period

2. Guarantee Job Reinstatement

• After maternity leave ends, the employee must return to the same or an equivalent position
• “Equivalent” means equal pay, responsibility, and status
• Demotions, role downgrades, or pay cuts are not allowed

3. No Termination Without Just Cause

• Employers cannot terminate or threaten dismissal because of maternity leave
• The only lawful exception is serious misconduct unrelated to the pregnancy
• Dismissal based on leave status is considered wrongful dismissal and can trigger legal action

Can You Be Terminated After Returning?

No, that’s a serious violation of the law unless there’s valid, unrelated misconduct.

Terminating an employee because of maternity leave or shortly after can amount to wrongful dismissal. Employers must show the termination is based on legitimate grounds that have nothing to do with pregnancy or leave status.

Common illegal reasons include:

• “We’ve already filled your role”
• “We don’t need the position anymore”
• “It’s too disruptive to re-onboard you”

These excuses could lead to legal claims under unfair dismissal laws, remember your right ladies.

For working mothers in Malaysia, maternity leave is a right. Employers who respect that aren’t just following the law but they are also building a workplace that values people first.” — Aina Rahman, HR Executive, Klang Valley SME

Tips for Returning to Work Smoothly (For Employees & Employers)

Going back after nearly 3 months away isn’t always easy. Here’s how to make the transition easier, for you and your employer:

• Request a catch-up session: Sit with your manager to review any changes, team updates, or new workflows
• Ask about flexi-hours: Some employers allow phased returns with reduced hours or WFH options
• Reconfirm your role and tasks: Ensure there’s clarity on what you’ll resume, don’t assume it’s the same as before
• Discuss childcare needs early: This helps manage scheduling and expectations if you’ll need flexibility

Your Rights If You Experience a Miscarriage

Pregnancy loss is deeply personal, and Malaysian law recognises this.

If a miscarriage occurs after the 22nd week of pregnancy, the Employment Act 1955 treats it as confinement. This means the affected employee is still entitled to 98 days of maternity leave, just as she would be after childbirth.

If You Miscarry After 22 Weeks:

• You are entitled to 98 days of maternity leave
• If you meet the conditions, you also qualify for maternity allowance
• Your job is protected under the same legal framework

Employers must respond with sensitivity, support, and compliance, not assumptions.

What About Miscarriage Before 22 Weeks?

In earlier cases (before 22 weeks), the situation may be handled under paid sick leave, based on medical advice and certification. 

While it may not fall under maternity leave technically, employers are encouraged to be flexible and compassionate.

Reminder for HR teams: Please review your internal leave policy and accommodate real-life situations with empathy and legal alignment. Be empathetic and be understanding to employees.

Conclusion: Your Maternity Leave Rights Matter

Maternity leave in Malaysia isn’t just time off, it’s a legal right that protects your health, job, and income during one of life’s biggest moments.

Whether you’re an expecting mum preparing for your time away or an employer trying to get things right, here’s what to remember:

• You’re entitled to 98 days of paid leave, if you meet the conditions
• Employers must pay in full and reinstate you after your leave
• Denial or termination linked to maternity leave is against the law
• Planning early helps ensure a smooth, stress-free experience for everyone