Maternity Benefits Malaysia 2026 — Employment Act, SOCSO and Your Rights

The call from your doctor confirms what the home test showed — you are pregnant. Among the hundred things running through your mind, one of them will eventually be: what am I entitled to at work?

Malaysia's maternity protections improved significantly with the Employment (Amendment) Act 2022, which took effect on 1 January 2023. The headline change — maternity leave went from 60 days to 98 days — got the most attention. But the full picture includes pay entitlements, SOCSO coverage, protection from dismissal, and meaningful differences between private sector employees, government servants, and self-employed women.

This guide covers all of it. Step by step, in plain language.

The 98-Day Entitlement — What Changed in 2023#

Before 1 January 2023, female employees under the Employment Act were entitled to 60 consecutive days of paid maternity leave. The Employment (Amendment) Act 2022 increased this to 98 consecutive days — approximately 14 weeks.

At the same time, the 2022 amendment removed the RM2,000 monthly salary ceiling that previously limited who the Employment Act covered. This means the 98-day entitlement now applies to all female employees in the private sector, regardless of salary level — not just those earning RM2,000 or below, as was the case before.

What "98 consecutive days" means#

The 98 days are calendar days, not working days. Weekends and public holidays within the period count toward the 98 days. You do not get extra days to compensate for rest days or holidays that fall within your maternity leave.

You can start maternity leave:

• As early as 30 days before your expected delivery date, or
• On the day of confinement itself, whichever comes first

If you deliver earlier than expected and have not yet started maternity leave, the leave begins from the date of delivery. If you deliver later than expected and started leave 30 days before the expected date, you still get the full 98 days from when you started — the leave does not restart from the actual delivery date.

Who Qualifies for Paid Maternity Leave#

Being entitled to 98 days of maternity leave and being entitled to paid maternity leave are two different things. The leave itself is a right for all female employees under the Employment Act. The pay has conditions.

Conditions for paid maternity leave#

You qualify for paid maternity leave if both of the following are true:

1. You have been employed by the same employer for at least 90 days in the 9 months immediately preceding your expected delivery date
2. You have fewer than 5 surviving children at the time of confinement

If you meet both conditions, your employer must pay your ordinary rate of pay for all 98 days. "Ordinary rate of pay" means your base salary — it does not include overtime, allowances, commissions, or other variable pay, unless your employment contract specifies otherwise.

If you do NOT meet the conditions#

• Fewer than 90 days of service: You are still entitled to 98 days of unpaid maternity leave. Your job is protected during this period — the employer cannot terminate you.
• 5 or more surviving children: You are entitled to 98 days of unpaid maternity leave. Again, your job is protected.
• Both conditions unmet: Still entitled to 98 days of unpaid leave with job protection.

What counts as "surviving children"#

The count includes all living children from the mother — biological children from any marriage, not just the current employment. Adopted children are generally not counted for this purpose under the EA, though specific situations should be verified with the Department of Labour.

Maternity Allowance — How Much You Get Paid#

If you qualify for paid maternity leave, here is how the payment works:

Maternity allowance = ordinary rate of pay × 98 days

For a monthly salaried employee, the ordinary rate of pay is calculated as:

Monthly basic salary ÷ 26 (the standard divisor for daily rate under the EA)

Example:

| Item | Amount | |---|---| | Monthly basic salary | RM5,000 | | Daily ordinary rate (RM5,000 ÷ 26) | RM192.31 | | Total maternity allowance (RM192.31 × 98 days) | RM18,846 |

This is paid by your employer, not by the government or SOCSO. The employer pays your maternity allowance in the same way they pay your salary — through the normal payroll cycle.

Can the employer pay more than the minimum?#

Yes. Many employers — particularly larger corporates, MNCs, and GLCs — offer maternity benefits above the EA minimum. Common enhancements include:

• Extended paid maternity leave beyond 98 days (some companies offer 120 or 180 days)
• Full pay inclusive of allowances (not just basic salary)
• Flexible return-to-work arrangements (phased return, work from home)
• Paternity leave for the spouse (the EA now mandates 7 days — see below)

Check your employment contract and company HR policy. The EA sets the floor, not the ceiling.

Paternity Leave — 7 Days (New Since 2023)#

The same 2022 amendment introduced Malaysia's first statutory paternity leave: 7 consecutive days of paid leave for married male employees whose wife gives birth.

Conditions for paid paternity leave#

• The employee must be married to the child's mother
• The employee must have been employed for at least 12 months before the expected delivery
• The employee must notify the employer at least 30 days before the expected delivery (or as soon as practicable)
• Limited to 5 confinements during the employment with the same employer

Like maternity allowance, paternity leave pay is at the employee's ordinary rate of pay, funded by the employer.

Private Sector vs Government Servants#

The Employment Act applies to private sector employees. Malaysian government servants (under the General Orders / Perintah Am) have a separate and generally more generous maternity regime.

| Feature | Private Sector (EA) | Government Servants (GO) | |---|---|---| | Paid maternity leave | 98 days | 90 days (full pay) + option to extend with half-pay or unpaid leave | | No. of confinements covered | First 5 surviving children | Generally up to 5, but varies by scheme | | Paternity leave | 7 days | 7 days (Pekeliling Perkhidmatan) | | Salary during leave | Ordinary rate (basic) | Full emoluments (basic + fixed allowances) | | Funding | Employer-funded | Government-funded | | Additional leave options | Depends on employer policy | Unpaid leave up to 2 years (Cuti Tanpa Gaji), unrecorded leave for childcare |

Government servants who need extended leave beyond 90 days can apply for Cuti Tanpa Gaji (unpaid leave) to care for a newborn. This is generally approved for up to 365 days (with conditions), and the position is held open.

Private sector employees do not have an automatic right to extended unpaid leave beyond the 98 days, though many employers offer additional unpaid leave on a case-by-case basis.

SOCSO and Maternity — What Is Covered#

The relationship between SOCSO (Social Security Organisation / PERKESO) and maternity is often misunderstood.

For employed women (private sector)#

Your employer pays the maternity allowance directly — not SOCSO. SOCSO contributions (both the Employment Injury Scheme and Invalidity Scheme) continue during your employment, but the maternity payment itself comes from the employer's payroll.

However, SOCSO does provide specific maternity-related protections:

• If you suffer a pregnancy-related employment injury or occupational disease, the Employment Injury Scheme covers medical treatment and temporary disability benefits
• If pregnancy-related complications result in invalidity, the Invalidity Scheme provides a pension

For self-employed women#

Women registered under SOCSO's Self-Employment Social Security Scheme (which covers gig economy workers, ride-hailing drivers, delivery riders, and other self-employed categories) may be eligible for a maternity benefit. The Self-Employment Social Security Act 2017 provides for benefits including a maternity allowance, subject to contribution requirements.

EIS (Employment Insurance System)#

The Employment Insurance System (EIS), also administered by SOCSO, does not cover maternity. EIS is specifically for job loss (retrenchment, redundancy). If you are retrenched while pregnant, EIS covers the retrenchment — but the maternity entitlement is a separate matter governed by the EA.

If you are unfamiliar with SOCSO and EIS contributions, see our SOCSO EIS Malaysia Complete Guide for the full breakdown.

Protection from Dismissal#

This is one of the strongest protections in Malaysian employment law for pregnant employees.

During maternity leave#

Section 37(1)(e) of the Employment Act makes it an offence for an employer to terminate a female employee at any time during her maternity leave. Full stop. The termination is void, and the employer can face prosecution.

During pregnancy (before maternity leave starts)#

Dismissal of a pregnant employee at any point during pregnancy may constitute unfair dismissal under the Industrial Relations Act 1967. While the EA specifically protects the maternity leave period, industrial courts have consistently held that dismissal motivated by pregnancy — even before maternity leave begins — is unfair.

After returning from maternity leave#

If you are dismissed shortly after returning from maternity leave, and the timing suggests the real reason is the pregnancy or maternity leave, you may have grounds for an unfair dismissal claim. The burden shifts to the employer to prove a legitimate business reason unrelated to the pregnancy.

What to do if you are dismissed#

1. File a complaint with the nearest Department of Labour (Jabatan Tenaga Kerja) office
2. Request reinstatement or compensation under the Industrial Relations Act
3. Refer the matter to the Industrial Court if the Department of Labour cannot resolve it
4. Keep all documentation — termination letter, employment contract, payslips, any written communications about the pregnancy or maternity leave

Maternity Leave Practicalities — What Employers Must Know#

Notification requirements#

The employee must notify the employer of the expected delivery date as early as possible and not later than 60 days before the expected confinement. If medical circumstances prevent this timeline (e.g., premature delivery), notification should be given as soon as practicable.

The notification should be in writing and include:

• Expected date of delivery (from medical practitioner)
• Intended start date of maternity leave
• Expected return date

Employer obligations during maternity leave#

• Pay the maternity allowance (if the employee qualifies) through normal payroll
• Continue EPF and SOCSO contributions during paid maternity leave (contributions are calculated on the maternity allowance, not zero)
• Hold the employee's position (or an equivalent position) open for her return
• Not assign any work during the maternity leave period (the EA prohibits the employer from requiring or permitting the employee to work during maternity leave)

Annual leave and maternity leave#

Maternity leave is separate from annual leave. An employer cannot require you to use annual leave days as part of your maternity leave. If you have accrued but unused annual leave, it remains available to you after you return from maternity leave — or your employer may allow you to take it immediately before or after the maternity leave period by agreement.

Sick leave that falls during the maternity leave period is absorbed into the maternity leave — you do not get additional sick leave days on top.

Miscarriage — Are There Protections?#

The Employment Act provides that a female employee who has a miscarriage is entitled to maternity leave if the miscarriage occurs after the 22nd week of pregnancy (when the foetus would be considered viable).

For miscarriages before 22 weeks, the entitlement falls under sick leave rather than maternity leave. The employee should obtain medical certification and take sick leave as needed.

Some employers have specific bereavement or compassionate leave policies that apply to pregnancy loss at any stage. Check your company's HR policy.

Breastfeeding at Work#

While Malaysia does not have a standalone law mandating breastfeeding rooms, several pieces of guidance apply:

• Guidelines on Breastfeeding Support at the Workplace (Ministry of Human Resources) encourage employers to provide a clean, private space for breastfeeding or expressing milk, and to allow reasonable breaks for this purpose
• Many larger employers, especially MNCs and GLCs, now provide dedicated lactation rooms
• Government offices are required to have breastfeeding facilities under public service circulars

If your workplace does not have a lactation room, discuss the matter with HR. The guidelines are not mandatory, but increasing numbers of employers are adopting them as standard practice.

Tax Implications of Maternity#

Maternity allowance is taxable income#

Your maternity allowance (paid by your employer during maternity leave) is taxable income under LHDN rules. It is treated the same as salary for income tax purposes. Your employer continues to deduct PCB (Monthly Tax Deduction) from your maternity allowance just as they would from regular salary.

Medical expenses during pregnancy#

Medical expenses incurred during pregnancy — including prenatal check-ups, delivery, and postnatal care — may be claimable under the medical expenses tax relief (up to RM10,000 for the individual, covering a range of medical expenses including maternity-related costs for the taxpayer or spouse). See our Medical Expenses Tax Relief guide for eligible categories and limits.

Childcare relief#

Once the child is born, the child care fees tax relief (up to RM3,000 per year for a child aged 6 and below) applies if you send your child to a registered childcare centre or kindergarten. Both parents cannot claim this on the same child — only one parent claims it.

For the full picture of tax reliefs and deductions, see our Malaysia Income Tax Guide 2026.

Frequently Asked Questions#

How many days of maternity leave are Malaysian employees entitled to?

98 consecutive days (approximately 14 weeks) under the Employment Act 1955, as amended effective 1 January 2023. This applies to all female employees covered by the Employment Act, regardless of salary level. Before this change, the entitlement was 60 days.

Is maternity leave paid in Malaysia?

Yes — if you meet the eligibility criteria. You must have been employed by the same employer for at least 90 days in the 9 months before your expected delivery date, and have fewer than 5 surviving children at the time of confinement. If both conditions are met, your employer pays your ordinary rate of pay for all 98 days. Otherwise, the 98 days are unpaid but your job is protected.

Does SOCSO cover maternity in Malaysia?

SOCSO does not directly pay the maternity allowance for employed women — your employer does. SOCSO covers pregnancy-related employment injuries and invalidity. Self-employed women registered under SOCSO's Self-Employment Social Security Scheme may be eligible for a separate maternity benefit.

Can my employer terminate me during pregnancy in Malaysia?

No. Termination during maternity leave is an offence under the Employment Act. Dismissal motivated by pregnancy at any point during employment may constitute unfair dismissal under the Industrial Relations Act. Employees can file complaints with the Department of Labour or refer to the Industrial Court.

Do contract workers and part-timers get maternity leave in Malaysia?

Yes — if they fall under the Employment Act. The 2022 amendment expanded EA coverage to all employees regardless of salary. Fixed-term contract employees have the same maternity entitlements as permanent employees during the contract period. Part-time employees are entitled to maternity leave with allowance calculated based on their ordinary rate of pay.

What to Do Next#

If you are pregnant or planning for pregnancy, here is your action list:

1. Check your employment contract — look for maternity benefits above the EA minimum (many companies offer more)
2. Confirm your service duration — you need 90 days in the past 9 months for paid leave
3. Notify your employer in writing — at least 60 days before your expected delivery date
4. Plan financially — 98 days is roughly 3.5 months. If unpaid, budget for this gap. If paid, your EPF and SOCSO contributions continue at the usual rate
5. Review your insurance — check whether your medical card or company medical benefits cover maternity, prenatal, and delivery expenses

For the broader financial planning picture — including EPF, savings, and budgeting for a growing family — see our EPF Complete Guide 2026 and 50/30/20 Budgeting Guide.

Every guide on money.com.my is fact-checked against primary sources (Employment Act 1955, PERKESO/SOCSO, LHDN, Department of Labour) before publication. If you find an error, email us — corrections are published with a dated amendment note.