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.
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).
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).
When can you start maternity leave?
In Malaysia, you can start your maternity leave up to 30 days before your expected delivery date.
Can I resign on maternity leave?
Yes, in Malaysia, you can resign while on maternity leave, but the notice period still applies, and it can overlap with your maternity leave.
Do you have to pay back maternity pay?
Generally, it is not required to pay back maternity pay. For leave extension beyond 98 days of legal entitlement, such rule might apply.