Malaysia (MY)
Multicultural, English-friendly Malaysia offers affordable living, world-class street food, tropical lifestyle, and a well-developed expat infrastructure in Kuala Lumpur and Penang.
Family Rights & Benefits
Maternity, parental leave and child benefits in Malaysia.
Malaysia's family rights for employees are governed primarily by the Employment Act 1955 (EA 1955) as amended by the Employment (Amendment) Act 2022, effective January 1, 2023. Major 2022 improvements: maternity leave extended from 60 to 98 days; paternity leave introduced (7 days); unlimited maternity leave for unlimited children (previously capped at 5 children). Dependent Pass holders do not automatically receive family benefits — they are tied to the EP holder's employment. Child-related tax reliefs are available under LHDN to resident taxpayers.
Maternity Leave (Cuti Bersalin)
Before birth: Maternity leave may begin from 30 days before the expected delivery date (or earlier with medical certification). Typically employee decides when to begin leave. No mandatory minimum period before birth — employee may work until labour if medically cleared. Many companies offer flexibility to combine annual leave with maternity leave.
After birth: 98 days paid maternity leave total from January 2023, covering both pre- and post-birth. No cap on number of children (prior cap of 5 children removed in 2022). Paid at full contractual salary by the employer. SOCSO does not separately reimburse maternity pay for private sector employees — it is an employer obligation under EA 1955. Self-employed women: no statutory maternity pay (not covered by EA). Women who are dismissed to avoid paying maternity benefits can claim under the EA — dismissal during maternity leave is a serious offence under Section 37(4A) EA.
Job protection: Employer cannot terminate or give notice of termination to a female employee while she is on maternity leave or on a notice period that will expire during maternity leave. The 2022 amendment makes it unlawful to terminate a female employee because she is pregnant or due to her having a confinement — this is a criminal offence under Section 37(4A) EA 1955. Job protection continues for the full 98-day maternity leave period.
Paternity Leave (Cuti Bapa)
Max duration: 7 days paid paternity leave introduced by the Employment (Amendment) Act 2022, effective January 2023. Available to a married male employee for each confinement of his spouse — no cap on number of children. Must be taken within 7 days of the birth. Paid at full salary by the employer.
Split rules / Elterngeld: Paternity leave must be taken in one continuous block of 7 days from the birth. It cannot be split or deferred. Some employers voluntarily offer more than 7 days — the statutory 7 days is the minimum floor. Unmarried fathers are not entitled to statutory paternity leave under EA 1955. Fathers on Employment Passes are equally entitled to the 7-day statutory paternity leave.
Benefits
Child Relief (Income Tax)
RM2,000 per qualifying child (under 18); RM8,000 per child in full-time tertiary education
Duration: Annual — claimed in income tax assessment each year
Eligibility: Resident taxpayers with dependent children. Both parents can claim for the same child only if combined up to the cap. Available to Employment Pass holders who are tax residents.
How to apply: Claim in annual income tax return (Form BE/Form B) at hasil.gov.my via MyTax portal. Declare each qualifying child.
Additional relief: RM3,000 for childcare at registered nursery/kindergarten (children under 6). RM4,000 for disabled child. Breastfeeding equipment: RM1,000 (children under 2).
SOCSO Maternity Benefit (for qualifying employees)
Not a separate maternity cash benefit — employer pays salary. SOCSO covers employment injury for pregnant workers injured at work.
Duration: Per qualifying event
Eligibility: Female employees contributing to SOCSO. SOCSO does not pay maternity benefit in the same way as some European social insurance systems — the EA employer obligation is the primary mechanism.
How to apply: No SOCSO maternity claim needed for normal delivery. SOCSO Employment Injury claim if injury occurs during pregnancy at work.
Self-employed women on the Self-Employment Social Security Scheme (SESSS/SKSPS) should check SOCSO for limited maternity-related benefits — this scheme is expanding.
JKM Welfare Assistance (Bantuan Sara Hidup / BSH)
RM2,000–4,000/year for qualifying low-income households
Duration: Annually, paid quarterly
Eligibility: Malaysian citizens with household income below RM5,000/month (income-tested). Not available to foreign nationals. EPPass holders are not eligible.
How to apply: Apply via Jabatan Kebajikan Masyarakat (JKM) Malaysia — ezHasil or JKM branch. Foreign nationals on EP are not eligible.
Malaysia has no universal child benefit in the Nordic/UK style. Family welfare support is means-tested and targeted at low-income Malaysian families. Expat families rely primarily on tax reliefs and employer benefits.
Unpaid Parental Leave
No cash benefit — unpaid leave by agreement with employer
Duration: No statutory entitlement beyond EA maternity and paternity minimums
Eligibility: Subject to employer agreement and employee contract
How to apply: Negotiate with employer in writing. Some MNCs operating in Malaysia offer enhanced parental leave beyond statutory minimums as part of their global HR policies.
Malaysia has no statutory shared parental leave system. Extended unpaid childcare leave is not a statutory right — purely contractual.
Sick child leave
The EA 1955 does not provide a separate statutory sick child leave entitlement. Employees with sick children typically use their own sick leave entitlement (14–22 days depending on service), annual leave, or negotiate unpaid leave with their employer. Some MNCs in Malaysia offer "family care leave" or "emergency leave" (typically 1–3 days/year) as a contractual benefit. No statutory entitlement to paid sick child leave exists in Malaysian law.
Birth registration
Birth registration is mandatory within 14 days of birth. Register at the National Registration Department (JPN — Jabatan Pendaftaran Negara) at the hospital or any JPN office. Both parents should attend if possible. Required documents: parents' passports, marriage certificate, hospital birth notification form. For children of EP holders: child receives a "Dependent Pass" on the parent's EP — JPN issues a Long-Term Social Visit Pass (LTSVP). Children born to at least one Malaysian parent: entitled to Malaysian citizenship — JPN registers immediately. Note: Malaysia does not confer citizenship by birthplace (jus soli) — children of two foreign national parents born in Malaysia are not Malaysian citizens.
Childcare rights
The Child Care Centre Act 1984 (CCCA 1984) and Child Care Centre Regulations 2012 regulate registered childcare facilities. Employers with more than 100 female employees must provide childcare facilities under the EA 1955 (in practice, this requirement is widely noted but enforcement has been inconsistent). Childcare tax relief: RM3,000/year for fees paid to registered childcare facilities for children under 6. Breastfeeding: no explicit statutory breastfeeding break provision in EA 1955, though many employers provide reasonable accommodation. The Code of Practice on the Prevention and Eradication of Sexual Harassment at the Workplace (2020) explicitly protects pregnant and breastfeeding employees.
Family Rights
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