Maternity Leave in Malaysia (2026)

Maternity Leave in Malaysia 2026
Are you one of the mothers or to-be who is unsure about maternity leave rights, wondering how long you can take off, whether you’ll be paid, or what your employer is legally required to provide? This guide breaks down maternity leave requirements and policies in Malaysia (2026) to give you clear, practical answers. 

What’s Different About Time Off for New Parents in Malaysia (2026)?  

The Employment (Amendment) Act 2022, which started on 1 January 2023, brought big changes to maternity and paternity leave. These rules remain in force in 2026, with no further amendments announced under the Employment Act 1955 as of the latest government updates.  The main updates:   Maternity leave grew to 98 days (up from 60 days before).  

Maternity Leave in Malaysia (2026)  

How Long is Maternity Leave 

In 2026 working moms can take 98 days (14 weeks) of maternity leave, a change that many have greeted with enthusiasm.  

Will You Receive Pay During Maternity Leave 

Yes. Your employer must give you 100% of your wages while you’re on maternity leave if:  
  • Under the Employment Act 1955 (as amended), maternity protection applies to all employees regardless of salary. However, entitlement to maternity allowance (paid leave) depends on meeting eligibility conditions such as service duration and employment status. 
  • You do manual labour or domestic work, no matter how much you earn.  
Many firms offer more than the bare minimum through their own HR rules.  

Who Can Get Paid Maternity Leave (2026)  

To qualify under the Act, you need to:  
  • You must have worked at least 90 days within the 9 months before confinement (childbirth). 
  • You must be employed by the same employer at any time during the 4 months immediately before your confinement. 
  • You need to have a live birth (some employers give leave for stillbirths too).  
Important Note: A female employee is not entitled to any maternity allowance if, at the time of her confinement, she has five or more surviving children. 

Can You Get More Time Off for Maternity Leave 

The law gives you 98 days minimum. Any extra time off without pay or more benefits depend on your job contract or what your company offers.  

Why Use Leave Management Software to Handle Maternity Leave? 

Managing parental leave involves more than just counting days—it’s about making sure you follow the rules, keep things clear, and plan your workforce.  With Info-Tech’s Leave Management Software, HR teams can:  
  • Figure out leave based on maternity/paternity laws  
  • Check if employees qualify right away  
  • Create reports that meet legal requirements  
  • Steer clear of mistakes that come from tracking by hand in Excel or WhatsApp  

Maternity Leave FAQs

How many months is the maternity leave?

Maternity leave in Malaysia is for about 3 months and 1 week (more precisely, 98 days).
In Malaysia, you can start your maternity leave up to 30 days before your expected delivery date.
Yes, in Malaysia, you can resign while on maternity leave, but the notice period still applies, and it can overlap with your maternity leave.
Generally, it is not required to pay back maternity pay. For leave extension beyond 98 days of legal entitlement, such rule might apply.