How to Handle Cuti Bersalin Swasta in Your Company

Cuti bersalin swasta refers to maternity leave in Malaysia’s private sector.

As of 2023, female employees are entitled to 98 days of paid maternity leave under the Employment Act.

This article explains who qualifies, what employers must do, and how to handle maternity leave requests properly, without confusion or legal risks.

What is Cuti Bersalin in Malaysia?

Cuti bersalin refers to maternity leave: the period when a female employee is legally entitled to take time off from work in connection with childbirth.

Under the Employment Act 1955 (EA), as amended by the Employment (Amendment) Act 2022, maternity leave in Malaysia is clearly defined and protected.

Maternity leave is granted for childbirth and recovery. The term "confinement" in the law refers to the birth of a child that occurs after at least 22 weeks of pregnancy, regardless of whether the child is born alive or not.

An "eligible female employee" means someone who meets the legal criteria set under the EA to receive maternity leave and the associated maternity allowance.

Maternity Leave Entitlement in the Private Sector

Since 1 January 2023, all employees covered under the EA, regardless of salary, are entitled to a minimum of 98 consecutive days of maternity leave for each confinement.

This maternity leave can begin no earlier than 30 days before the expected date of birth and no later than the day after childbirth.

To qualify for paid maternity leave, the employee must:

Have worked for the employer for at least 90 days in the 9 months before childbirth.
Be employed by the same employer at any time in the 4 months before delivery.
Have fewer than 5 surviving children at the time of childbirth.

If these conditions are met, the employee is entitled to maternity allowance, paid at her usual wage rate.

For monthly-paid employees, this means they continue to receive their monthly salary with no deductions.

This entitlement applies to employees in permanent, contract, or part-time roles, as long as they meet the eligibility requirements.

Employer Obligations During Maternity Leave

There are specific legal responsibilities during a female employee’s maternity leave:

Job Protection

You cannot terminate a female employee who is pregnant, on maternity leave, or suffering from a pregnancy-related illness. The only exceptions are cases of serious misconduct, breach of contract, or if your business is closing down.

No Work Requirement

You cannot require an employee to work during her maternity leave. If she voluntarily wishes to return early, she must get your consent and also be certified medically fit by a registered practitioner.

Maintain Salary Payments

If the employee is eligible, you must continue paying her full salary throughout the 98-day maternity leave period. This is known as maternity allowance.

Preserve Employment Status

Her employment status must remain active. She must not be placed on unpaid leave, suspended, or removed from payroll during her leave.

Who Pays for Maternity Leave?

In the private sector, maternity allowance is paid by the employer, not by SOCSO or PERKESO.

The only exceptions involve special cases under the invalidity pension or EIS, which do not typically apply to standard maternity leave situations.

This means the full salary for 98 days must be borne by the company, provided the employee has met the eligibility criteria.

If an employee is working with more than one employer and qualifies under both, she can only receive maternity allowance from one employer. If she mistakenly receives payment from both, one employer may reclaim the excess amount from the other through civil proceedings.

How to Manage Maternity Leave Requests

To make the process smoother, HR should request documentation in advance.

Female employees are required to inform their employer of the expected date of confinement and their planned leave start date at least 60 days before going on leave.

This gives the company time to prepare. HR may ask for:

A written notice of leave (via email or form).
Estimated due date.
A medical certificate, if available.

Internally, the company should begin planning for coverage. This may involve redistributing workloads, hiring temporary replacements, or adjusting project timelines. Communicate clearly with the team and avoid last-minute decisions.

A good transition plan reduces disruptions and maintains productivity during the employee’s absence.

Maternity Leave vs. Other Types of Leave

Type of Leave	Purpose	Duration	Paid?	Based On
Maternity Leave	Childbirth and recovery	98 consecutive days	Yes (if eligible)	Employment Act 1955
Annual Leave	Rest or personal holiday	8–16 days/year (based on service)	Yes	Section 60E EA
Sick Leave	Illness with a medical certificate	14–22 days/year	Yes	Section 60F EA
Unpaid Leave	Personal leave without salary	No limit (discretionary)	No	Contract/HR policy
Emergency Leave	Urgent leave with short notice	Part of annual leave	Yes	HR policy
Paternity Leave	Leave for male employees after birth	7 days per birth	Yes (if eligible)	Section 60FA EA

Post-Maternity Considerations for Employers

When the maternity leave period ends, companies should be prepared for a smooth return.

HR should touch base with the employee before her return date to discuss any flexible arrangements or transitional needs.

Some employers offer shorter hours, work-from-home options, or flexible shifts for a period after maternity leave. These arrangements are not mandatory but can help with employee retention and morale.

Additionally, under Malaysian labour standards, employers are encouraged to support breastfeeding. Some companies provide nursing rooms or extended break times.

This is especially relevant for companies applying for Work-Life Balance or Family-Friendly Workplace awards.

FAQ

Can employers refuse maternity leave?

No. If the employee meets the legal eligibility, maternity leave is a right under the Employment Act.

Is maternity leave paid for all employees?

Only those who meet the eligibility conditions under the EA are entitled to paid leave. Others may still take leave but without payment, depending on employer discretion.

Can maternity leave be extended?

Officially, the entitlement is 98 days. Extensions beyond this period are subject to employer agreement and are usually considered unpaid leave.

Do part-time staff qualify for maternity leave?

Yes, if they are covered under the EA and meet the required eligibility criteria.

How should HR prepare for maternity leave cases?

Start early with documentation, communicate with the employee, and plan internal coverage. Maintain legal compliance and keep conversations open to support a smooth transition.

Looking to Build a Stronger Team?

Let AJobThing help you find the right people who will grow with your company.

Post your job ads and connect with top talent across platforms like Maukerja, Ricebowl, and Epicareer today.