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.

Last updated 17 October 2026 · money.com.my Editorial

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.

Does salary matter? Not for maternity leave. Who counts as an "employee" is set by the First Schedule to the Employment Act (AGC updated text as at 1 January 2023). Paragraph 1 of the Schedule covers "Any person who has entered into a contract of service." Paragraph 1A then carves out higher earners: "Notwithstanding paragraph 1, the person whose wages exceeds four thousand ringgit a month", for whom these provisions do not apply: "Subsections 60(3), 60A(3), 60C(2A), 60D(3) and 60D(4) and section 60J". Those sections are not in Part IX. Part IX ("Pregnancy and Maternity", sections 37 to 44) is therefore not carved out for an employee earning more than RM4,000 a month, and the 98-day entitlement in section 37 applies at any wage. The Schedule's paragraph 3 says that "wages" for this purpose excludes "commissions, subsistence allowance and overtime payment". The Schedule does disapply Part IX for one group: paragraph 2(5), "he is engaged as a domestic employee", lists "Sections 12, 14, 16, 22, 58A, 60, 60A, 60B, 60C, 60D, 60E, 60F, 60FA, 60I, 61 and 64, and Parts IX and XIIA" as not applicable. This guide does not explain the Schedule's other categories. The Act applies to Peninsular Malaysia (section 1(2): "This Act shall apply to Peninsular Malaysia only") and has been extended to the Federal Territory of Labuan (P.U.(A) 400/2000, noted in the AGC text); the AGC text does not extend it to Sabah or Sarawak, and this guide does not cover them.

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 confinement, or
• No later than the day after your confinement

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, the days you stay away from work earlier than 30 days before your actual confinement are not maternity leave and carry no maternity allowance (s.37(1)(bb): "such abstention shall not be treated as maternity leave and she shall not be entitled to any maternity allowance in respect of the days during which she abstains from work in excess of the period of thirty days immediately preceding her confinement"). Count the 30 days back from the actual confinement, not the expected 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 every female employee covered by Part IX of the Employment Act (domestic employees are excluded; see above). 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 employer for at least 90 days in total during the 9 months immediately before your confinement, and you were employed by that employer at some time in the four months immediately before your confinement
2. You do not have five or more surviving children at the time of confinement

If you meet these 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, or no employment with that employer in the four months before confinement: You are still entitled to 98 days of unpaid maternity leave. Your job is protected during this period: terminating you while you are entitled to maternity leave is an offence (s.37(4)), except on the ground of closure of the employer's business, and s.41A also allows termination of a pregnant employee for wilful breach of the contract or misconduct.
• Five or more surviving children: You are entitled to 98 days of unpaid maternity leave. The same protection applies (s.37(4) and s.41A, with the same exceptions).
• More than one condition unmet: Still entitled to 98 days of unpaid leave, with the same 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.

How much maternity allowance do 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:

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.

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.

Are you protected from dismissal while pregnant?#

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

During maternity leave#

Section 37(4) of the Employment Act makes it an offence for an employer to terminate a female employee's service during the period in which she is entitled to maternity leave. The only exception the section states is termination on the ground of the closure of the employer's business.

During pregnancy (before maternity leave starts)#

Section 41A of the Employment Act makes it an offence for an employer to terminate the services of, or give notice of termination to, a pregnant employee (or one suffering from an illness arising out of her pregnancy), except on the grounds of wilful breach of a condition of the contract of service, misconduct, or closure of the employer's business. Where she is terminated, the burden of proving that it was not because of her pregnancy or the related illness rests on the employer.

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#

Section 40(2) of the Employment Act says: "A female employee shall within a period of sixty days immediately preceding her expected confinement notify her employer of it and the date from which she intends to commence her maternity leave"; if she starts leave without notifying, payment of the allowance "may be suspended ... until such notice is given". Section 40(6) says a failure to give notice in time does not prejudice her allowance if it was "occasioned by mistake or other reasonable cause". Section 40(7) says notice "may be given either in writing or orally", so writing is good practice for your records but not required. A notice should cover:

• 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 require her to work during the maternity leave period. Under s.37(1)(aa), she may, "with the consent of her employer", commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner

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. Part IX (maternity) is not among the provisions the First Schedule disapplies for employees earning more than RM4,000 a month, so the leave does not depend on salary; the Schedule does disapply Part IX for domestic employees. 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 employer for at least 90 days in total in the 9 months before your confinement and at some time in the four months before it, and you must not have five or more surviving children at the time of confinement. If these conditions are met, your employer pays your ordinary rate of pay for all 98 days. Otherwise, the 98 days are unpaid but terminating you is still an offence except on the grounds the Act allows (s.37(4), s.41A).

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, in general. Under the Employment Act, terminating a pregnant employee (section 41A), or any employee during her maternity leave (section 37(4)), is an offence except on the grounds the Act lists, and the employer must prove a pregnancy dismissal was for another reason. 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 First Schedule covers any person who has entered into a contract of service, and its RM4,000 carve-out does not touch Part IX (maternity); domestic employees are the exception. 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 9 months before confinement, and to be employed at some time in the four months before it, for paid leave
3. Notify your employer — within the 60 days before your expected confinement (s.40(2)); oral notice is allowed (s.40(7)), but writing leaves a record
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.

Amendment, 17 October 2026 (answer shape and Employment Act corrections). Added a short answer at the top and a "Last updated" line, and put three headings in question form. The answer follows Employment Act 1955 (Act 265), AGC updated text as at 1 January 2023, section 37, read 17 October 2026 from the copy on jtksm.mohr.gov.my (see docs/verification-log/geo1-batch4/evidence.md). Reading it corrected three points in this guide. (1) Paid maternity allowance also requires employment by the employer at some time in the four months before confinement (s.37(2)(a)(ii)), which the guide omitted; the 90-day and 9-month tests are measured from confinement, not the expected delivery date. (2) Maternity leave may start no earlier than 30 days before confinement and no later than the day after it (s.37(1)(b)); the guide said "the day of confinement, whichever comes first". (3) The dismissal protection was cited to s.37(1)(e), which does not exist as described: the offence of terminating during maternity leave is s.37(4), and s.41A separately makes it an offence to terminate a pregnant employee except for wilful breach, misconduct or closure of the business, with the burden on the employer; the guide's statement that the termination is "void" and its unfair-dismissal discussion of pregnancy dismissal before leave were replaced by the Act's wording. Follow-up the same day: leave taken more than 30 days before the actual confinement is not maternity leave (s.37(1)(bb)); the "no work during leave" line now follows s.37(1)(aa) (she may return with her employer's consent once certified fit); notice is "within the sixty days preceding" the expected confinement and may be oral (s.40(2), (7)), not "at least 60 days before ... in writing"; the job-protection lines carry the s.37(4) and s.41A exceptions; "both conditions" now reads "these conditions"; and the Act's own s.1(2) scope (Peninsular Malaysia, extended to Labuan) replaces "all female employees in the private sector". Not re-checked in this amendment: paternity leave, government-servant terms, SOCSO, miscarriage, breastfeeding and tax sections.

Amendment, 17 October 2026 (who the maternity rules cover). The guide said the "2022 amendment" removed an RM2,000 salary ceiling and so extended the Employment Act to employees at any wage. Reading the First Schedule in the Act 265 text (AGC updated text as at 1 January 2023, jtksm.mohr.gov.my, read 17 October 2026; see docs/verification-log/content-nits-oct17c/evidence.md) shows a different structure: paragraph 1 covers "Any person who has entered into a contract of service", and paragraph 1A, for "the person whose wages exceeds four thousand ringgit a month", disapplies only "Subsections 60(3), 60A(3), 60C(2A), 60D(3) and 60D(4) and section 60J", none of which is in Part IX. Maternity leave and allowance therefore apply at any wage, except to domestic employees, for whom paragraph 2(5) disapplies "Parts IX and XIIA" among other provisions. The Act text we read does not mention an RM2,000 ceiling or say which instrument changed the threshold (its amendment table lists the Employment (Amendment of First Schedule) Order 2022, P.U.(A) 262/2022, in force 1 September 2022, and the Employment (Amendment) Act 2022, Act A1651, in force 1 January 2023), so the attribution to "the 2022 amendment" and the RM2,000 figure are removed. The two FAQ answers (frontmatter and body) that repeated the claim are corrected, and the contract and part-time answer no longer says the amendment "expanded" coverage. Everything else in the guide is unchanged.