Your maternity leave and maternity pay checklist

Maternity Leave in Malaysia: What You Are Entitled To

Am I Eligible for Paid Maternity Leave?

To qualify for paid maternity leave under the Employment Act, you must have been employed for at least 90 days in the nine months before your confinement, or at any time during the four months immediately before your expected due date.

Following the 2023 amendment, the Employment Act now covers all employees regardless of salary level — a significantly larger number of working mothers are protected than under the previous framework, which excluded higher earners through salary thresholds.

If you are on a fixed-term contract or working part-time, check with your HR department or an employment lawyer to confirm your specific entitlements, as these may vary.

Can Your Employer Terminate You During Maternity Leave?

No. Employers are legally prohibited from terminating a pregnant employee or an employee currently on maternity leave, from the point the employer is notified of the pregnancy. Exceptions are limited to:

• Proven misconduct
• Wilful breach of contract
• Full business closure

If you believe you have been unfairly dismissed or pressured to resign during pregnancy or maternity leave, you may lodge a complaint with the Department of Labour (Jabatan Tenaga Kerja).

When Should You Notify Your Employer?

Inform your employer of your pregnancy as early as possible — ideally before week 25 — to allow adequate time for workplace planning and handover arrangements.

Once notified, request a workplace risk assessment. This covers factors such as your workstation setup, posture, manual handling requirements, and any exposure to chemicals or hazardous substances that may need to be adjusted during pregnancy.

Check whether your company has a dedicated HR representative who handles maternity leave documentation, as requirements around maternity certificates and supporting paperwork can vary by employer. Having the right documents in order early avoids delays in processing your leave.

Maternity Pay: Planning Your Finances

During your 98-day leave period, you are entitled to receive your regular monthly salary as a maternity allowance throughout the entire duration, paid directly by your employer.

Use the period before your leave begins to map out your household budget across the full 98 days. Compare the cost of childcare or daycare options against your monthly salary to work out the most financially viable timeline for returning to work.

Ask your employer whether any return-to-work bonuses are available, and enquire about keeping-in-touch (KIT) days — a facility that allows you to do limited work during maternity leave without formally ending it, helping you stay connected and ease the eventual transition back.

Paternity and Shared Leave in Malaysia

While Malaysia does not currently have a formal shared parental leave system, coordinating both maternity and paternity leave strategically can significantly extend the period of parental coverage at home. For example, a father taking paternity leave toward the end of the mother's maternity leave can help bridge the gap before childcare begins.

Returning to Work: Things to Consider

Set both a provisional last day of work before your leave and a target return date early in your pregnancy. This gives your employer time to arrange adequate cover and reduces the pressure on you to make these decisions during your recovery period.

Speak to colleagues who have previously taken maternity leave at your workplace. Their firsthand experience of managing the handover, staying in the loop, and navigating the return is often far more practical than what official HR guidance covers.

Ask whether a phased return or flexible working arrangement is available. Starting back on reduced hours or adjusted days can make a significant difference in managing the physical and emotional demands of returning to work, particularly if you are still breastfeeding.

If you plan to continue breastfeeding after returning to work, speak to your employer about expressing facilities and rest breaks. Raising this early gives both sides time to plan accordingly.