Maternity leave in Malaysia grants eligible female employees 98 days of paid leave, increased from 60 days after the Employment (Amendment) Act 2021. The employer pays wages during the leave period, and for employees covered under SOCSO’s Employment Insurance System (EIS), the government provides wage replacement through the SOCSO Maternity Allowance scheme. Understanding the interplay between the employer’s obligation and SOCSO’s reimbursement is essential for compliance.
This guide covers maternity leave in Malaysia in 2026: the 98-day entitlement, eligibility criteria, SOCSO’s role, employer obligations, and what happens when an employee returns to work.
Key takeaways
- Eligible female employees receive 98 days of paid maternity leave, up from 60 days following the 2021 amendment to the Employment Act 1955.
- The employer pays wages during the leave period and claims a maternity allowance from SOCSO for eligible employees.
- Maternity leave applies to all female employees in the private sector who have been employed for at least 90 days.
- SOCSO coverage requires the employee to have contributed to the EIS for at least 12 months before the confinement.
- Employers cannot dismiss or reduce the benefits of an employee during or because of maternity leave.
Who is eligible for maternity leave in Malaysia?
The Employment Act 1955 (Section 37) applies to all female employees in Peninsular Malaysia and Labuan who have been employed for at least 90 days in the 9 months immediately before the confinement. The 2021 amendment extended coverage to all employees, removing the previous salary cap of RM4,000 per month.
| Eligibility criterion | Requirement |
|---|---|
| Gender | Female employee |
| Minimum service | 90 days in the 9 months before confinement |
| Coverage | All private-sector employees (no salary cap) |
| Location | Peninsular Malaysia and Labuan (East Malaysia has separate provisions) |
How long is maternity leave in Malaysia?
The entitlement is 98 days of maternity leave, broken down as follows:
| Period | Duration |
|---|---|
| Before confinement | 30 days (from expected date of delivery) |
| After confinement | 68 days |
| Total | 98 days |
The leave must be taken continuously and cannot be split. The employee may begin leave up to 30 days before the expected delivery date, with the remaining 68 days taken after childbirth.
Multiple births
For multiple births (twins, triplets), the entitlement remains 98 days. There is no additional leave for multiple births under the Employment Act.
Adoption
The Employment Act does not provide specific maternity leave for adoptive mothers. However, many employers offer adoption leave as a benefit. Employees may be eligible for annual leave or unpaid leave in such cases.
Who pays maternity leave in Malaysia?
Employer obligation
The employer must pay the employee’s full wages for the entire 98-day leave period. This is a direct obligation under Section 37 of the Employment Act 1955. The employer cannot withhold or reduce wages during the leave.
SOCSO Maternity Allowance
For employees covered under SOCSO’s Employment Insurance System (EIS), the employer can claim a maternity allowance from SOCSO to offset the cost of paying wages during the leave period. The allowance is designed to reimburse the employer, not the employee directly.
| Payment aspect | Employer | SOCSO |
|---|---|---|
| Obligation | Pay full wages for 98 days | Reimburse employer via maternity allowance |
| Requirement | All female employees (90 days service) | Employee must have contributed to EIS for 12 months |
| Rate | Full wages | 90% of the employee’s average monthly wages (subject to a monthly ceiling) |
| Claim period | After the leave period | Within the prescribed timeframe from SOCSO |
Employees not covered by SOCSO
Employees who do not meet the 12-month SOCSO contribution threshold still receive 98 days of paid leave, but the employer bears the full cost without SOCSO reimbursement. This includes new hires who have not yet accumulated sufficient contributions.
Employer obligations
Employers managing maternity leave in Malaysia must fulfil these obligations:
- Grant the 98-day leave — Refusal is a violation of the Employment Act.
- Pay full wages — During the entire 98-day leave period.
- Not dismiss or disadvantage the employee — Section 42 of the Employment Act prohibits dismissal, demotion, or reduction of benefits during the leave period.
- Submit SOCSO claims — Where the employee is eligible, claim the maternity allowance to offset the cost.
- Allow return to the same position — The employee returns to her role (or an equivalent role) after the leave period.
- Maintain records — Keep documentation of leave granted, wages paid, and SOCSO claims.
Dismissal protection
Section 42 of the Employment Act 1955 provides that no employer shall dismiss a female employee during the maternity leave period or within a period of 90 days after the confinement, except for misconduct related to her employment.
This protection is absolute for the 98-day leave period and extends 90 days beyond the last day of leave. An employer who dismisses an employee during this window bears the burden of proving the dismissal was for genuine misconduct unrelated to the pregnancy or confinement.
| Protection period | Duration |
|---|---|
| During leave | 98 days |
| After leave | 90 days from the date of confinement |
| Total protection | Approximately 188 days from the start of leave |
Worked examples
Example 1: Standard 98-day leave
Nurul works at a manufacturing company in Kuala Lumpur. She is expecting her first child on 1 November 2026. She has worked for the employer for 2 years.
- She begins maternity leave on 2 October 2026 (30 days before delivery).
- She takes the full 98 days, ending leave on 7 January 2027.
- Her employer pays full wages throughout.
- The employer claims the SOCSO maternity allowance to offset the cost.
Example 2: New employee with limited SOCSO contributions
Aisha joined her employer on 1 March 2026 and is due on 15 December 2026. She has worked for 9 months (meeting the 90-day threshold) but has contributed to SOCSO for only 9 months.
- She receives 98 days of paid leave.
- Her employer pays full wages.
- SOCSO does not reimburse the employer because Aisha has not contributed for 12 months.
- The employer bears the full cost.
Example 3: Employee returning after leave
Siti returns to work on 8 January 2027 after her 98-day leave. She is in the same role and her employment terms are unchanged.
- Her position is protected — she returns to her original role.
- The employer cannot reduce her benefits or demote her.
- The 90-day post-confinement protection period runs until approximately 7 April 2027.
Common pitfalls
1. Calculating the 98 days incorrectly
Some employers still use the old 60-day entitlement. The 2021 amendment increased the leave to 98 days, and applying the old duration is a compliance violation.
2. Not claiming SOCSO maternity allowance
Employers who do not claim the SOCSO maternity allowance absorb the full cost unnecessarily. Submit claims promptly after the leave period to receive reimbursement.
3. Dismissing an employee within 90 days of confinement
The protection extends 90 days beyond the leave period. Terminating an employee during this window without documented, unrelated misconduct is unlawful.
4. Forcing the employee to take annual leave instead of maternity leave
An employer cannot require an employee to use annual leave or other leave types in place of maternity leave. The 98-day entitlement is a separate, statutory right.
For more context, see our guide to types of leave and our overview of absence management.
Frequently asked questions
How many days of maternity leave is an employee entitled to in Malaysia?
A female employee is entitled to 98 days of paid maternity leave under the Employment Act 1955, as amended in 2021.
Does the employer pay or does SOCSO pay?
The employer pays the employee’s full wages during the leave period. SOCSO provides a maternity allowance to reimburse the employer for eligible employees who have contributed to the EIS for at least 12 months.
Can an employer dismiss an employee during maternity leave?
No. Section 42 of the Employment Act prohibits dismissal during the leave period and for 90 days after the date of confinement, except for documented misconduct unrelated to the pregnancy.
Is there a salary cap for maternity leave eligibility?
No. The 2021 amendment removed the previous RM4,000 monthly salary cap, extending the 98-day entitlement to all female employees in the private sector.
Does the employee return to the same position?
Yes. The employee is entitled to return to her original position or an equivalent role with the same terms and conditions.
Sources
- Employment Act 1955 (Malaysia) (primary source)
- Employment (Amendment) Act 2021
- SOCSO — Employment Insurance System
This article is general information, not legal advice. Malaysian employment laws are subject to state-level variations and amendments — confirm current requirements with the Ministry of Human Resources or your legal adviser.