Malaysia Maternity & Paternity Leave 2026: Paid Leave Entitlements, SOCSO Maternity Allowance, and Employer Obligations

Malaysia's maternity and paternity leave framework changed significantly in 2023 and 2024. If your understanding of maternity leave is still "60 days," you are operating on outdated information that could cost you thousands of ringgit or put your employer at risk of non-compliance.

As of 2026, private sector employees covered by the Employment Act 1955 are entitled to 98 consecutive days of paid maternity leave, and married male employees are entitled to 7 consecutive days of paid paternity leave. These are statutory minimums — employers can offer more, and many do to compete for talent. Civil servants operate under separate circulars with different (often more generous) rules.

This guide covers the entitlements for private sector employees, the SOCSO maternity allowance for those who do not qualify for employer-paid leave, the obligations employers must meet, and common grey areas that generate disputes.

For help calculating your net salary during or after leave, use the DuitTools salary calculator to plug in any gross salary and see your exact take-home pay after EPF, SOCSO, EIS, and PCB.

Maternity Leave Under the Employment Act 1955

The Core Entitlement

Every female employee covered by the Employment Act 1955 is entitled to:

• 98 consecutive days of paid maternity leave
• The leave starts no earlier than 30 days before the expected delivery date and no later than the day immediately after delivery
• The employee may not work during the 98-day period — this is a statutory prohibition, not just a right. An employer who allows or requires a female employee to work during her maternity leave period commits an offence
• The 98 days run consecutively, meaning weekends and public holidays within the period count toward the 98 days

These provisions are in Part IX of the Employment Act 1955, and apply to all female employees regardless of salary, as long as the Employment Act applies to them. (Since the Employment Act amendment of 2023 removed the salary threshold, it now covers all private sector employees in Peninsular Malaysia and Labuan. Sabah and Sarawak have their own Labour Ordinances with parallel provisions.)

Who Is Eligible

To qualify for employer-paid maternity allowance, the employee must meet four conditions:

1. She must have been employed by the same employer for at least 90 days in the 9 months immediately before delivery
2. She must have had at least one surviving delivery (this applies for the first to fifth delivery — after five surviving children, maternity leave is still granted but the allowance switches to SOCSO's jurisdiction)
3. She must notify her employer of the expected delivery at least 60 days before the expected date. If notice is given late, the employer still grants the leave, but the commencement date may be adjusted
4. She must not be working for another employer during the maternity leave period. This includes freelance work, part-time employment, or running a business. If the employee works for any employer during the maternity leave period, the employer may suspend the allowance until work ceases

Maternity Allowance Calculation

The employer must pay the employee her ordinary rate of pay for each day of maternity leave. "Ordinary rate" means the basic salary, excluding overtime, bonuses, commissions, and allowances — unless any of those components are fixed and contractual.

For a salaried employee earning RM4,000 per month:

• Daily rate: RM4,000 ÷ 26 working days = RM153.85
• Total maternity allowance: RM153.85 × 98 days = RM15,077.30

For a daily-rated worker earning RM100 per day:

• The daily rate is RM100
• Total maternity allowance: RM100 × 98 days = RM9,800

Restriction After Five Children

Under Section 40(2) of the Employment Act, employer-paid maternity allowance is payable for the first five surviving deliveries. For a sixth or subsequent delivery, the employee is still entitled to 98 days of maternity leave — but the employer is not required to pay the maternity allowance. Instead, the employee may claim maternity benefit from SOCSO, subject to SOCSO's own eligibility rules.

SOCSO Maternity Allowance (Perkeso)

SOCSO's Employment Injury Scheme includes maternity benefit for eligible insured employees. This is different from the employer-paid maternity allowance under the Employment Act. The key distinction:

• Employer-paid maternity allowance — the employer pays the employee her full salary during maternity leave (for the first five deliveries, subject to the 90-day employment condition)
• SOCSO maternity allowance — SOCSO pays a maternity benefit to the employee, and the employer is reimbursed (or the employee claims directly if the employer does not qualify for or refuses to pay the employer allowance)

When SOCSO Pays Maternity Benefit

SOCSO pays maternity benefit in the following situations:

1. The employee has had more than five surviving deliveries and is therefore not entitled to employer-paid allowance under the Employment Act
2. The employee does not meet the 90-day employment condition with the employer (but has met SOCSO's contribution condition)
3. The employer is financially unable to pay the maternity allowance
4. The employee's income exceeds the Employment Act salary ceiling (rare after the 2023 amendments, but historically relevant)

SOCSO Maternity Benefit Amount

SOCSO pays 100% of the insured employee's average daily wage for the 98-day maternity period. The daily wage is calculated based on the average of the employee's wages over the 6 months preceding the commencement of maternity leave.

To be eligible, the employee must have made at least 24 months of SOCSO contributions (not necessarily consecutive), and contributions must have been paid for at least one month in the 6 months immediately before the commencement of maternity leave.

Unlike employer-paid allowance, SOCSO maternity benefit is available for every delivery, not just the first five.

How to Claim

The employee submits Form Borang 16 (Permohonan Faedah Bersalin) to the nearest Perkeso office, together with:

• A copy of the child's birth certificate or a doctor's confirmation of delivery
• A copy of the employee's identity card
• Bank account details for direct credit

SOCSO processes the claim and pays the benefit directly to the employee, or to the employer if the employer has already paid the maternity allowance and is claiming reimbursement.

Paternity Leave Under the Employment Act 1955

Since 1 January 2023, married male employees are entitled to 7 consecutive days of paid paternity leave per delivery, for up to five deliveries.

Eligibility

• The employee must be lawfully married to the mother of the child
• The employee must have been employed by the same employer for at least 12 months before the expected delivery date
• The employee must give at least 30 days' notice to the employer before the expected delivery (or as soon as reasonably practicable)

Payment

Paternity leave is paid at the employee's ordinary rate of pay for each of the 7 days. The employer bears the cost — there is no SOCSO reimbursement for paternity leave.

When Does Paternity Leave Start

The 7 days must be taken as a single block and must commence within 30 days of the child's delivery. The employee chooses the start date within that 30-day window, subject to the employer's operational requirements. An employer cannot unreasonably refuse the employee's chosen start date.

Employer Obligations and Common Disputes

Early Termination of Maternity Leave

An employee cannot be terminated during maternity leave for any reason related to her pregnancy, delivery, or maternity leave. If she is terminated during this period for reasons the Industrial Court later finds to be pretextual, the employer is liable for reinstatement and back wages.

This does not mean a pregnant employee is fireproof — termination for misconduct, redundancy (with genuine business justification), or poor performance documented before the pregnancy is still lawful. But the burden of proof is on the employer to show the termination was unrelated to the pregnancy.

Return to Work

The employee must return to work on the day after the 98th day of maternity leave. If she needs additional time (for medical reasons, childcare, or personal preference), this is beyond the statutory entitlement and requires the employer's agreement. Options include:

• Annual leave — the employee can apply annual leave to extend the absence
• Unpaid leave — employer may grant it but is not obligated to
• Flexible work arrangements — the Employment Act 1955 now includes a right to request flexible working, which may be relevant for new mothers returning to work

PR and Contract Workers

The Employment Act applies to employees, not independent contractors. A freelance graphic designer working on a project basis is not covered by maternity leave provisions. A fixed-term contract worker who is a genuine employee (the employer controls the work, the hours, and the tools) is covered. The line is factual, not contractual — if the relationship looks like employment, the maternity leave provisions apply regardless of what the written agreement calls the position.

A Note for Civil Servants

Civil servants operate under separate service circulars, not the Employment Act 1955:

• Maternity leave: 90 days (under current service circulars)
• Paternity leave: 7 days (aligned with the Employment Act in recent years)
• The rules are set by the Public Service Department (JPA) and may differ from the private sector provisions described here

FAQ

Does my employer have to pay my EPF during maternity leave?

Yes. The employer's obligation to contribute EPF continues during maternity leave. The maternity allowance is wages for EPF purposes. The employer contributes the standard 12-13% and the employee contributes 11% on the maternity allowance. Use the EPF calculator to project your EPF balance and see how the 98-day contribution period affects your retirement savings.

Can I take maternity leave earlier than 30 days before the expected delivery?

You can request it, but the employer is not required to grant it. The Employment Act specifies that maternity leave begins no earlier than 30 days before the expected delivery. If a doctor recommends early leave for medical reasons (e.g., bed rest), this is medical leave or sick leave, not maternity leave — and it does not reduce the 98-day maternity entitlement.

What happens if my baby is born later than the expected date?

The maternity leave period starts when the employee actually commences leave, which can be the date of delivery (or up to 30 days before). If she starts leave on the expected date and the baby is born 10 days later, the 98 days still run from the commencement date. The employee effectively has fewer days after delivery. Many employers flexibly accommodate this by allowing the employee to adjust the start date.

Is paternity leave available for unmarried fathers?

No. The Employment Act 1955 requires the father to be lawfully married to the mother. An unmarried father is not entitled to statutory paternity leave, though an employer may offer it contractually.

Can I work part-time or freelance during maternity leave?

No. A female employee who "engages in any employment" with any other employer during maternity leave forfeits her right to the maternity allowance for the period she is working. This means freelance work, part-time work with another employer, or even helping out at the family business for a wage. Rest during the 98-day period is the purpose of the law — the statutory prohibition on working during maternity leave is there to protect the employee's recovery and the newborn's care, not to penalise.

Does my employer have to keep my job open during maternity leave?

Yes. The Employment Act prohibits termination during maternity leave for any reason connected to the pregnancy, delivery, or maternity leave itself. When the employee returns, she is entitled to the same position with no less favourable terms. Constructive changes — demotion, reduced salary, reassignment to a different department at lower pay — are treated the same as termination and are contestable at the Industrial Court.

Plan your leave budget correctly. Use the DuitTools salary calculator to project your net pay during and after maternity or paternity leave, including EPF, SOCSO, EIS, and PCB.