Maternity Leave in Malaysia 2025: Employer's Guide to Policies and Compliance

Maternity leave is an important benefit that every employer in Malaysia should handle properly.

As an HR professional, it’s key to understand the rules around maternity leave and how to manage requests smoothly.

In this guide, we’ll break down everything you need to know about maternity leave in Malaysia, who’s eligible, how long it lasts, and what pay to provide.

Whether you’re new to this or just need a quick refresher, this guide will help you get it right and make sure you’re supporting your employees in the best way possible.

What is Maternity Leave?

Maternity leave is a period of time when a female employee takes leave from work to prepare for childbirth, recover after delivery, and care for her newborn.

It’s a fundamental right designed to protect the health and well-being of both mother and child, while also ensuring job security during this time.

In Malaysia, maternity leave is legally mandated, meaning employers are required by law to provide it to eligible employees.

It’s not just giving time off. It’s about creating a supportive environment where employees can transition into motherhood without worrying about their job security or income.

Legal Entitlement for Maternity Leave in Malaysia

In Malaysia, maternity leave is governed by the Employment Act 1955, which sets out the minimum legal requirements for employers.

This includes details on who qualifies for maternity leave, how long the leave lasts, and the benefits employers must provide during this period.

These statutory entitlements apply to female employees who meet specific conditions under the Act, ensuring they’re supported during and after pregnancy.

The detailed breakdown of these legal obligations will be explained in the next subtopics, so you’ll have a clear understanding of what’s required to stay compliant.

How Long is Maternity Leave in Malaysia?

In Malaysia, female employees are entitled to 98 days of maternity leave.

This entitlement applies to all eligible employees, ensuring mothers have adequate time to recover from childbirth and bond with their newborns.

The 98 days must be taken continuously, starting no earlier than 30 days before the expected due date.

Employers are required by law to provide this leave, and failure to comply can lead to penalties under the Employment Act 1955.

It’s worth noting that the entitlement is the same for all employees covered under the Act, but additional benefits may be offered depending on the company’s policies.

Who Can Get Maternity Leave in Malaysia?

Not all employees automatically qualify for maternity leave in Malaysia. It depends on meeting certain conditions under the Employment Act 1955.

To be eligible for maternity leave in 2025, an employee must:

Be a female employee covered by the Employment Act 1955.
Work under a contract or service, whether full-time, part-time, permanent or temporary.
Have worked for the same employer for at least 90 days in the nine months leading up to the expected delivery date.

For point number three, here’s an example to make it clearer:

Dinda joined a company on January 1, 2025, and her expected delivery date is October 1, 2025.

To qualify for maternity leave, Dinda must have worked for the company for at least 90 days during the nine months before October 1, 2025.

Since she has been employed continuously from January 1 to October 1 (a total of 9 months), she meets the 90-day requirement and is eligible for maternity leave.

But, if Dinda started on July 1, 2025, she wouldn’t qualify. It’s because she would have only worked for 3 months (about 92 days) within the 9-month-window but not long enough to establish the 90-day tenure.

Do Employers Have to Provide Maternity Leave in Malaysia?

Yes, it’s compulsory for employers in Malaysia to provide maternity leave.

Under the Employment Act 1955, employers are legally required to grant eligible female employees 98 days of maternity leave with pay.

This isn’t optional. Failing to comply can lead to legal penalties.

Maternity leave is a right that ensures employees have time to recover and care for their newborns without worrying about losing their jobs or income.

Benefits of Maternity Leave

Maternity leave isn’t just a legal requirement. It comes with plenty of benefits for both employees and employers. Here’s how it makes a positive impact:

For Employees

1. Work-life balance

Maternity leave gives mothers the time they need to recover from childbirth and adjust to life with a newborn, helping them manage their personal and professional responsibilities.

2. Reduced stress

Knowing their job is secure allows employees to focus on their health and their baby’s well-being without added worry.

3. Stronger family bonding

Spending uninterrupted time with their baby promotes emotional connection and sets a strong foundation for the family.

For Employers

1. Higher employee morale

Offering maternity leave shows employees you care about their well-being, boosting satisfaction and loyalty.

2. Better retention rates

Supporting employees during major life events encourages them to stay with your company long-term.

3. Improved productivity

When employees feel valued and supported, they’re more likely to return to work motivated and engaged.

Do Employees Get an Allowance During Maternity Leave?

Yes, employees are entitled to receive maternity allowance during their leave, but it depends on the employer’s policy.

Under the Employment Act 1955, female employees are entitled to receive full pay for the 98 days of maternity leave, provided they meet the eligibility criteria.

This ensures that mothers can take time off to recover and care for their newborn without losing their income.

Employers can also offer additional benefits beyond the legal requirements, but the minimum pay during maternity leave is mandated by law.

Can Employers Terminate Employees on Maternity Leave?

No, employers can’t terminate employees while they are on maternity leave.

The Employment Act 1955 protects employees during their maternity leave, making it illegal to dismiss them during this period.

If an employer does terminate an employee during maternity leave, it can be considered wrongful dismissal, and the employees may have grounds for legal action.

However, after maternity leave ends, the employer may proceed with termination under normal circumstances, following the proper legal process.

Can Employers Refuse Maternity Leave?

No, employers can’t refuse maternity leave to eligible employees.

If an employee meets the requirements set by the Employment Act 1955, they have the legal right to take maternity leave.

Employers who deny this leave could face legal consequences.

However, employees are required to inform their employers about their pregnancy and expected delivery date in advance to ensure smooth processing of their leave.

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