Maternity Leave in Malaysia: What Employers Need To Know
- Harshiney
- 3 days ago
- 6 min read
Updated: 13 minutes ago
If you’ve got an employee expecting a little one – first of all, congratulations! This is such an exciting time, both for your employee and your company. You may be wondering, how do you manage maternity leave correctly, and ensure you’re doing right by your team? Don’t worry, we’ve got you covered.
Maternity leave isn’t just about ticking off legal requirements—it’s about showing your employees that you’re there for them during one of life’s most significant moments. Let’s walk through what you need to know, using simple explanations and real-life examples to guide you.
What is Maternity Leave?
Maternity leave is the time off from work that’s granted to female employees who are pregnant or have just given birth. It allows them the time they need to recover, rest, and adjust to life with a newborn—without the stress of their job hanging over them.
In Malaysia, the Employment Act 1955 states that all female employees to 98 consecutive days of maternity leave for each confinement. No matter their position, how long they've been with the company, or what they earn—every eligible employee gets the same amount of leave.
Here’s what you need to know:
When it can start: Maternity leave can begin up to 30 days before the confinement.
When it must start: If the employee hasn’t started her leave early, it automatically begins on the day the baby is born.
No minimum service requirement: As long as she’s officially employed by you, she qualifies—even if she’s just joined the company.
Example: If an employee’s due date is 1st January 2025, she can begin her maternity leave on that date and return on 8th April 2025—a full 98 days later.
Important Note: Even if the employee experiences a miscarriage after 22 weeks of pregnancy, she is still entitled to the statutory maternity leave (98 days). This leave is provided to support recovery during a challenging and emotional time.
What Is Maternity Allowance?
Maternity allowance is the pay your employee gets while they’re on maternity leave. The goal is to help your employee focus on recovering and bonding with their newborn, without
the added stress of financial worries.
In Malaysia, the Employment Act 1955 requires employers to pay maternity allowance to employees who are eligible. However, not every employee qualifies for this allowance. To be eligible, an employee must meet both conditions:
She must have worked for at least 90 days in the 9 months before the confinement.
She must have fewer than 5 surviving children.
She must have been employed at any time in the 4 months immediately before confinement.
Maternity Leave and Maternity Allowance Eligibility
Let’s simplify this with some real-world examples to help you understand how maternity leave and maternity allowance apply in different situations.
Anna’s Situation (Eligible for Maternity Leave & Maternity Allowance):
Anna has three children and is expecting her fourth. She has been with your company for 2 years. She qualifies for both maternity leave and maternity allowance, so she will continue to receive her regular wages while she’s on leave.
Rachel’s Situation (Eligible for Maternity Leave, Not Eligible for Allowance):
Rachel, who is just 1 month away from her due date, has been with your company for only 1 month. While she qualifies for the full 98 days of maternity leave, she doesn’t meet the 90-day work requirement for maternity allowance, so her leave will be unpaid.
Siti’s Situation (Eligible for Maternity Leave & Maternity Allowance):
Siti is 26 weeks pregnant and has been with your company for 1 year. Sadly, she experiences a miscarriage at 27 weeks. While this is a deeply difficult time for her, she still qualifies for both maternity leave and maternity allowance, as the number of surviving children is not affected by her loss.
Maria’s Situation (Eligible for Maternity Leave, Not Eligible for Allowance):
Maria is expecting her 7th child and has 6 surviving children. She has been with your company for 4 years. Unfortunately, because she has more than 5 surviving children, she doesn’t qualify for maternity allowance. However, she is still entitled to the full 98 days of maternity leave, though it will be unpaid.
Quick Overview of Eligibility:
Employee | Anna | Rachel | Siti | Maria |
Employment Duration | 2 years | 1 month | 1 year | 4 years |
Has Worked 90 Days in the Last 9 Months? | Yes | No | Yes | Yes |
No. of Surviving Children is less than 5 | Yes | Yes | Yes | No |
Maternity Leave Eligibility? | Yes | Yes | Yes | Yes |
Maternity Allowance Eligibility? | No | No | Yes | No |
Managing Maternity Leave Smoothly
When someone in your team is about to go on maternity leave, a little planning goes a long way. It’s not just about covering their tasks — it’s about supporting them, keeping your team in sync, and making sure everything runs without a hitch. Here’s how to make it all a little easier:
Start the conversation early: Once your employee shares the news, have an open chat about what’s ahead. Talk through timelines, possible handover dates, and any flexibility they might need before their leave starts.
Plan the handover together: Nobody knows the role better than they do — so work with them to map out a handover plan. This could include key responsibilities, contacts, and what needs to be done while they’re away. Whether you’re reassigning tasks or bringing in temporary help, the earlier you plan, the smoother things will go.
Check how connected they want to be: Some employees want updates while they’re on leave, others prefer a clean break. Ask what they’re comfortable with — and respect that. If they’re open to it, occasional updates can help them feel included without adding pressure.
Make the return-to-work easier: Coming back after maternity leave can feel like a big shift. Think about offering a return plan — maybe a catch-up session, flexible hours at first, or a few check-ins to help them ease back in.
Keep your policies clear and helpful: It’s always a good idea to make sure your maternity leave policy is up-to-date, easy to understand, and accessible to everyone. That way, your whole team knows what to expect — and feels supported from day one.
FAQs
Can employers terminate a pregnant employee?
Under Malaysian labour law, you cannot terminate a pregnant employee it’s strictly prohibited. The only exceptions are if there’s a wellful breach of contract, misconduct, or if you’re closing down your business operations.
Does maternity leave include weekends in Malaysia?
Yes, maternity leave in Malaysia includes weekends. The 98 days of maternity leave are calculated as calendar days, meaning they cover all days of the week, including weekends and public holidays.
Can employers refuse maternity leave?
Nope, employers can’t refuse maternity leave if the employee meets all the eligibility criteria. If an employer denies maternity leave without a valid reason, it could lead to legal action.
Can maternity leave be extended beyond 98 days?
Yes! While the law provides 98 days of maternity leave, you’re welcome to offer more, whether paid or unpaid. Some companies go the extra mile with extended benefits. Just make sure everything is clearly communicated in your company policy so employees know what’s available.
Are pregnant employees on probation still entitled to maternity leave?
If an employee becomes pregnant during probation, she’s still entitled to maternity leave and protection under the law. However, to qualify for the maternity allowance, she needs to have worked at least 90 days during the 9 months leading up to the confinment.
Are part-time or contract employees entitled to maternity leave?
Yes, they are! Part-time and contract employees are also entitled to maternity leave and allowance, as long as they’ve worked at least 90 days within the 9 months before the confinement. So even if someone isn’t a full-time employee, they can still enjoy the same benefits—provided they meet the requirements.
Are foreign employees entitled to maternity leave in Malaysia?
Yes, they are! Both Malaysian and foreign employees are entitled to maternity leave and allowance under the same rules. As long as they meet the eligibility criteria, their nationality doesn’t affect their right to these benefits.
Can maternity leave be cancelled or shortened?
Once your employee starts her maternity leave, it’s fixed—you can’t require her to return early, unless it’s agreed by both parties and she provides a doctor’s note. Some companies may offer additional perks if an employee chooses to return early, but there’s no requirement to do so.
Can employees attend prenatal check-ups during work hours?
Most employers are flexible about this. Many allow pregnant employees to attend check-ups during working hours and may even offer flexible schedules. While it’s not mandatory to give paid time off for these visits, supporting employee health during pregnancy is always a good move.
We've Got Your Back—Every Step of the Way
Maternity leave can bring a lot of questions—and just as many to-dos. From managing leave applications to covering workloads while your employee is away, it can feel like a lot to juggle. That’s where Synergy comes in.
We can help you:
Handle all the leave paperwork so everything is by the book.
Find reliable temporary staff to keep your business running smoothly during the maternity period.
Stay compliant with local labour laws so you don’t miss a step.
Whether you're planning ahead or handling things last-minute, we’re here to make the process stress-free.
📞 Call us at +6 010-277 0718 📩 Or email info@synergy-outsourcing.com
