Author : Zakwan Rahim
What You Need to Know About Maternity and Parental Leave in Malaysia
Planning for maternity and parental leave in Malaysia starts with knowing exactly what the law requires. The Employment (Amendment) Act 2022, which took effect on 1 January 2023, introduced the most significant update to parental leave rights in Malaysia in decades. These changes remain fully in force in 2026, and no further amendments to the Employment Act 1955 have been announced as of the latest government updates.
Most notably, maternity leave increased from 60 days to 98 days (14 weeks), giving working mothers considerably more time to recover and bond with their newborn. In addition, the same amendment introduced statutory paid paternity leave for the first time under Malaysian law.
Maternity Leave in Malaysia (2026)
How Long Is Maternity and Parental Leave in Malaysia?
Under the current law, employees are entitled to 98 consecutive days of maternity leave per confinement. Importantly, this applies regardless of salary level, since the 2022 amendment removed the previous income threshold entirely.
Is Maternity Leave in Malaysia Paid?
Yes. Employers must pay 100% of the employee’s wages throughout the entire 98-day period, provided the employee meets the eligibility conditions under the Employment Act 1955. Moreover, many companies go beyond the statutory minimum by offering enhanced maternity benefits through their own HR policies or employment contracts.
Who Qualifies for Maternity Leave?
To qualify, an employee must meet all of the following conditions:
Length of service: The employee must have worked for at least 90 days within the 9 months immediately before confinement.
Continuity of employment: The employee must have worked for the same employer at any point during the 4 months immediately before confinement.
Live birth: The entitlement covers live births. However, some employers extend provisions to stillbirths, though this falls outside statutory requirements.
| Important: Under the Employment Act 1955, a female employee is not entitled to maternity allowance if she already has five or more surviving children at the time of confinement. |
Can Employees Extend Maternity Leave Beyond 98 Days?
The 98 days represents the statutory minimum. Therefore, any additional time off depends entirely on the employment contract or the company’s internal HR policy. Employees who need more time may negotiate unpaid leave or use their remaining annual leave balance, subject to employer approval.
Paternity Leave Under Maternity and Parental Leave Malaysia Rules
Beyond maternity rights, the Employment (Amendment) Act 2022 also introduced 7 days of paid paternity leave, making it a statutory entitlement for the first time in Malaysia.
Who Qualifies for Paternity Leave in Malaysia?
Marital status: First, the male employee must be married to the mother of the child at the time of confinement.
Minimum service: In addition, the employee must have worked for the same employer for at least 12 months before confinement.
Confinements covered: Finally, paternity leave applies to a maximum of five confinements, regardless of whether the children are from the same or different spouses.
Is Paternity Leave Paid?
Yes. The full 7 days carry 100% of the employee’s daily wages. Furthermore, employers cannot deduct wages or treat paternity leave as a substitute for annual leave.
Maternity and Parental Leave Malaysia: Key Numbers
| Details | |
| Maternity leave duration | 98 days (14 weeks) |
| Pay during maternity leave | 100% of wages |
| Minimum service for maternity | 90 days within 9 months before confinement |
| Paternity leave duration | 7 days |
| Pay during paternity leave | 100% of wages |
| Minimum service for paternity | 12 months with the same employer |
| Maximum paternity confinements | 5 confinements |
| Law governing both | Employment Act 1955 (as amended 2022) |
Employer Obligations for Maternity and Parental Leave in Malaysia
Beyond granting the leave itself, employers carry several important legal responsibilities.
No termination during pregnancy or leave. Dismissing a female employee on grounds of pregnancy or maternity leave directly breaches the Employment Act 1955. As a result, the organisation faces significant legal exposure.
Full wages must continue. Throughout the leave period, employers must pay the employee her full wages without delay or deduction.
Proper documentation. Employers must keep clear records of leave taken, payments made, and all supporting documents. This protects the organisation in the event of a dispute and demonstrates compliance during audits.
No forced annual leave substitution. Employers cannot require employees to use annual leave to cover statutory maternity or paternity leave. Both are entirely separate entitlements under the law.
What Happens If an Employer Does Not Comply?
Failing to honour maternity and parental leave Malaysia requirements carries real consequences. Specifically, non-compliance with the Employment Act 1955 can lead to complaints filed with the Labour Department Malaysia, legal proceedings, financial penalties, and lasting reputational damage that affects the organisation’s ability to attract and retain talent.
Can Employers Offer More Than the Statutory Minimum?
Yes, and many already do. Employers are free to offer more generous maternity and parental leave benefits, such as longer leave periods, enhanced pay, or flexible return to work arrangements. However, any additional entitlements must be clearly stated in the employment contract or HR policy to avoid ambiguity.
Managing Maternity and Parental Leave in Malaysia with SunFish HR by DataOn
For HR teams, managing maternity and parental leave in Malaysia involves far more than approving a form. Specifically, it requires tracking eligibility across a workforce, calculating entitlements accurately, ensuring payroll continues without interruption, planning for workforce coverage, and maintaining documentation that holds up to scrutiny.
Doing this manually across a growing team, however, creates room for errors, missed entitlements, and compliance gaps that can become costly to resolve.
SunFish HRMS helps organisations manage the full leave lifecycle from a single platform. HR teams can configure statutory entitlements, including the 98-day maternity leave and 7-day paternity leave, directly within the system. As a result, every employee automatically receives exactly what the law requires. Moreover, leave applications, approvals, and balances update in real time, giving both HR and employees complete visibility at every stage.
In addition, SunFish integrates leave management directly with payroll, so maternity and paternity leave periods flow into salary calculations without manual intervention. This eliminates payroll errors during employee absences and ensures continued compliance with EPF, SOCSO, EIS, and PCB obligations throughout the leave period.
Whether you manage a lean HR team or a large distributed workforce, SunFish gives you the structure and consistency to stay compliant without adding unnecessary administrative burden. Visit the SunFish website or speak with a local consultant to find out how SunFish HRMS supports your maternity and parental leave Malaysia compliance needs..
Media Contact Akmal Razman, Marketing Executive at SunFish HR Malaysia by Dataon.com | sunfish.malaysia@dataon.com
FAQs
- Can an employer ask an employee to use annual leave instead of maternity leave?
No. Maternity leave is a separate statutory entitlement and cannot be substituted with annual leave.
- How many days paternity leave in Malaysia
Fathers in Malaysia get 7 days of paid paternity leave under the Employment Act 1955, carrying 100% of daily wages. This applies for up to 5 confinements. Employers cannot deduct wages or treat this leave as a substitute for annual leave.
- Does salary affect maternity leave in Malaysia
No. The Employment (Amendment) Act 2022 removed the previous income threshold, so salary level no longer affects eligibility. All employees who meet the service requirements get the full 98 consecutive days of paid maternity leave, regardless of how much they earn.
- Paternity leave for more than one child Malaysia
Yes. Paternity leave applies to a maximum of five confinements, regardless of whether the children are from the same or different spouses. Each qualifying confinement gives the father 7 days of paid leave, provided he meets the marital status and 12 month service requirements.
- Can employers give more than statutory maternity leave Malaysia
Yes. The 98 days maternity and 7 days paternity leave are statutory minimums. Many Malaysian employers offer longer leave periods, enhanced pay, or flexible return to work arrangements. These extra benefits must be clearly stated in the employment contract or HR policy to avoid ambiguity.
