Quick answer
Maternity leave in Malaysia is 98 consecutive days per birth for private-sector employees in Peninsular Malaysia and Labuan (Employment Act 1955, from 1 January 2023). Weekends and public holidays count. It is paid if you meet the conditions. Eligible husbands get 7 days of paternity leave; civil servants follow JPA rules.
Written by
Roseville Care Lady Team
Carers for mothers and babies at Roseville Confinement Villa, Bangi Gateway
Published by
Roseville Confinement Villa & Spa
Rose Omnicare Sdn Bhd (1361290-T). Co-owner: Dr Fatimah Mustafah, Consultant Obstetrician & Gynaecologist.
Updated 3 November 2026 12 references
This article is general information, not legal advice; check with your employer or the Labour Department.
Maternity leave in Malaysia: 6 key points
- 1Private sector (Peninsular Malaysia and Labuan): 98 consecutive days per birth since 1 January 2023.
- 2Weekends and public holidays count; leave can start up to 30 days before birth.
- 3Paid at your ordinary rate if you meet the conditions.
- 4Private-sector husbands: 7 consecutive days of paternity leave from the birth date.
- 5Civil servants: 60 to 90 days now; Budget 2027 announced up to 98 days.
- 6A 44-day confinement fits inside 98 days; use the Free Confinement Plan.
Maternity leave calculator (98 days)
Enter your due date, or your delivery date if your baby has arrived. The calculator works out when your leave ends, your return-to-work date, your husband’s paternity leave and the leave left after a 44-day confinement.
Your dates are calculated on your device only and are not stored by Roseville.
Your maternity leave
What is the 98-day maternity leave and when did it start?
Section 37 of the Employment Act 1955 gives 98 days of maternity leave for each birth. The Employment (Amendment) Act 2022 (Act A1651) raised it from 60 days for births on or after 1 January 2023.
It covers all female private-sector employees in Peninsular Malaysia and Labuan, whatever their salary, says the Labour Department (JTKSM) FAQ. Ninety-eight days (14 weeks) matches ILO Maternity Protection Convention No. 183.
It is a minimum, so employers can give more. “Confinement” in the Act means giving birth after at least 22 weeks of pregnancy, whether or not the baby is born alive.
Maternity and paternity leave in Malaysia at a glance
As checked in official sources on 24 October 2026:
| Group | Mother | Husband | Source |
|---|---|---|---|
| Private sector, Peninsular Malaysia and Labuan | 98 consecutive days per birth | 7 consecutive days, up to 5 births | Employment Act 1955, sections 37 and 60FA |
| Private sector, Sabah and Sarawak | 98 days (since 1 May 2025) | 7 days (since 1 May 2025) | State Labour Ordinances, amended 2025 |
| Federal civil servants (now) | 60 to 90 days per birth; 360 in total | CTR Kelompok: 1 to 20 days a year, up to 5 times | JPA PPSM, SR.5.4.1 and SR.5.7.1 |
| Civil servants (Budget 2027) | Up to 98 days per birth; 490 in total | Not mentioned | Budget 2027 speech; no start date yet |
The amended Sabah and Sarawak Labour Ordinances took effect on 1 May 2025 (P.U. (B) 166/2025; JTK Sarawak). Ask your state Labour Department about allowance conditions.
Does maternity leave in Malaysia include weekends and public holidays?
Yes. The JTKSM leave leaflet says maternity leave is 98 continuous days, including rest days and public holidays, so weekends and holidays such as Hari Raya count towards the 98.
When can maternity leave start?
- It can start from 30 days before the birth up to the day immediately following delivery. Any days taken earlier do not count as maternity leave and carry no maternity allowance.
- Your employer can ask you to start within the 14 days before the birth if its appointed doctor certifies that late pregnancy stops you working properly.
- Tell your employer within the 60 days before your due date, including your start date, or your allowance may be held back until you do.
Is maternity leave paid in the private sector?
Yes, if you qualify for maternity allowance: your ordinary rate of pay, or a higher rate set by the Minister, for every day of leave. If you are paid monthly, continuing full salary counts as the allowance.
Under section 37 you must:
- Have worked for the employer for at least 90 days in total in the 9 months before the birth.
- Have worked for the employer at some point in the 4 months before the birth.
- Have fewer than 5 surviving children at the time of the birth.
If you do not meet a condition (for example, you have 5 or more surviving children), you still get 98 days of leave, just without the allowance. Your contract may offer more.
Worked example: maternity leave start and end dates
The formula: end date = start date + 97 days, because day one counts. As 98 days is exactly 14 weeks, leave that starts on a Monday ends on a Sunday 14 weeks later.
For your own dates, use the maternity leave calculator above. Example: a birth on Monday, 1 March 2027, checked on a real calendar.
| Situation | Starts | Ends | Note |
|---|---|---|---|
| Mother, leave from the birth date | 1 March 2027 | 6 June 2027 (Sunday) | Back at work 7 June 2027 |
| Mother, leave from 14 days before the due date | 15 February 2027 | 23 May 2027 (Sunday) | Only 84 days after the birth |
| Husband, paternity leave | 1 March 2027 | 7 March 2027 (Sunday) | Starts on the birth date |
| 44-day confinement (birth day = day 1) | 1 March 2027 | 13 April 2027 (Tuesday) | 54 days of maternity leave left |
Each day taken before the birth is one day less after it. If your baby comes early or late, recalculate and tell your employer.
Got your leave dates? Now plan your confinement
Enter your due date to get estimated confinement dates, when to visit and book, and a packing checklist.
Paternity leave in Malaysia: how many days and who qualifies?
Under section 60FA of the Employment Act 1955, a married male employee gets 7 consecutive days of paid paternity leave per birth, at his ordinary rate of pay, if he:
- Has 12 months of service with the same employer before the leave starts.
- Told his employer about the pregnancy at least 30 days before the due date, or as early as possible after the birth.
- Has used it for fewer than 5 births, whatever the number of wives.
The JTKSM FAQ says it starts on the date his wife gives birth, runs in one block and includes rest days and public holidays.
Maternity leave for civil servants and leave for government husbands
Federal civil servants follow the JPA circular PPSM, Ceraian SR.5.4.1: 60 to 90 days of fully paid leave per birth, chosen by the officer, up to 360 days per career, including rest days and public holidays.
Leave starts on the birth date, or up to 14 days before the due date if the officer chooses.
The Budget 2027 speech (9 October 2026) announced a rise from 360 to 490 days, meaning up to 98 days per birth, but gave no start date. The circular had not changed when we checked, so ask your HR unit.
Leave for husbands in the civil service
Since 1 December 2024, spouse childbirth leave falls under CTR Kelompok (grouped leave without record): 1 to 20 days a year shared with other CTR types, from the birth date, up to 5 times per career, with head of department approval.
How to use 98 days of maternity leave to plan your confinement
Plan your confinement inside your leave. If leave starts on the birth date, a 44-day confinement ends on day 44, leaving 54 days to settle your baby’s routine and arrange childcare.
- Pick a length. Anything from 3 to 44 days; see how long confinement lasts.
- Choose where. Compare your options in our guide to confinement centre or confinement at home.
- Line up your husband’s leave. It starts on the birth date, so part may be spent in hospital; at Roseville, husbands can stay throughout at no extra charge. No help afterwards? See confinement at home without help.
- Work out your dates and pack. Enter your due date in the Free Confinement Plan and share it with Roseville or your husband, then tick off our packing checklist.
- Book early. Dates are usually confirmed about 7 days before the due date and can move if your baby comes early or late, subject to room availability.
Tip from the Roseville team
Before you speak to your employer, have three dates ready: your due date, leave start date and confinement end date. The calculator above gives you all three. Share them with your husband so he can notify his employer at least 30 days before the due date.
At Roseville Confinement Villa & Spa, a Muslim-friendly confinement centre in Bangi Gateway, confinement packages run from 3 days 2 nights to 44 days 43 nights, with a private en-suite room, four confinement meals a day and 24-hour mother and baby care by an all-women team.
See the rooms with your husband first
Book a free villa visit in Bangi Gateway to see the rooms and talk through your confinement dates with our team.
Frequently asked questions
Does maternity leave start from the birth date or hospital discharge?
From the day your leave starts, not your discharge date. Under the Employment Act 1955, leave can start up to 30 days before the birth and no later than the day after it. Hospital days, weekends and public holidays all count within the 98 days.
Can I go back to work before my 98 days are up?
Yes, but only at your own request, with your employer’s consent and after a registered medical practitioner certifies you fit to work. JTKSM says your employer cannot order you back early and need not pay extra on top of the maternity allowance, though it is encouraged to.
Can my employer fire me while I am pregnant?
No, except in cases of wilful breach of contract, misconduct, or permanent business closure, and the employer bears the burden of proving that pregnancy was not the reason. Dismissing an employee during maternity leave is also an offence unless the business closes down. If you feel you have been treated unfairly, contact the Labour Department.
Can my husband stay at the confinement centre with me?
It depends on the centre. At Roseville in Bangi Gateway, your husband can stay throughout your confinement at no extra charge, and your children can stay too. Visiting hours for other guests are 2.00 pm to 4.00 pm and 8.00 pm to 10.00 pm, giving mothers time to rest.
References
- Employment (Amendment) Act 2022 [Act A1651], Attorney General’s Chambers (AGC), 2022
- Employment Act 1955 (Act 265), updated text as at 1 January 2023, sections 2, 37 to 41A and 60FA, Peninsular Malaysia Labour Department (JTKSM), 2023
- P.U. (B) 394/2022: Appointment of date of coming into operation, Employment (Amendment) Act 2022, Federal Government Gazette, 2022
- FAQ on the Employment Act 1955 (Amendment) 2022 (in Malay), JTKSM, accessed 2026
- Leave under the Employment Act 1955, leaflet (in Malay), JTKSM, 2023
- PPSM Leave Facilities, Ceraian SR.5.4.1: Maternity leave for public service officers (in Malay), Public Service Department (JPA), 2024 version, accessed 2026
- PPSM Leave Facilities, Appendix SR.5.7.1(A): CTR Kelompok conditions (in Malay), JPA, 2024 version, accessed 2026
- Budget 2027 speech, paragraph 191 (in Malay), Ministry of Finance Malaysia, 2026
- P.U. (B) 166/2025: Commencement of the Labour Ordinance of Sabah (Amendment) Act 2025 [Act A1753], Federal Government Gazette, 2025
- Frequently Asked Questions (FAQ), Sabah Labour Department, accessed 2026
- Labour Ordinance of Sarawak (Amendment) Act 2025 [Act A1754], Sarawak Labour Department, 2025
- Infographic on the Sarawak Labour Ordinance amendments, in force 1 May 2025 (in Malay), Sarawak Labour Department, 2025
This article is general information on maternity and paternity leave in Malaysia, based on official sources we checked on 24 October 2026. It is not legal advice. Rules and circulars can change, so check with your employer, HR unit or the Labour Department (Peninsular Malaysia, Sabah or Sarawak). Roseville is a confinement care centre and women’s spa, not a clinic, hospital or law firm.