Employment Act · 2026 Revised Edition · Part · Employment of Women
91. Length of benefit period
In plain English
Not legal advice
A female employee may be absent from work for 4 weeks before and 5 weeks after her confinement. A married citizen or permanent resident whose employer pays employee trust contributions for her may be absent for 2 weeks before and 13 weeks after confinement. Less than 180 days of service before confinement means no pay during the benefit period.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
Subject to this section, every female employee shall be entitled to absent herself from work —
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
during —
the period of 4 weeks immediately before her confinement; and
the period of 5 weeks immediately after her confinement;
during a period of 9 weeks, as agreed to by her and her employer, commencing —
not earlier than 28 days immediately preceding the day of her confinement; and
not later than the day of her confinement:
Provided that in the case of a citizen of Brunei Darussalam or permanent resident, every such female employee shall be entitled to absent herself from work during —
the period of 2 weeks immediately before her confinement; and
the period of 13 weeks immediately after her confinement:
Provided further that in the case of a citizen of Brunei Darussalam or permanent resident, and who suffers from incomplete pregnancy at 24 weeks or above, every such female employee shall be entitled to absent herself from work during —
the period of 2 weeks immediately before her confinement; and
the period of 6 weeks immediately after her confinement.
Subject to this section, every female employee shall be entitled to receive payment from her employer at her gross rate of pay for any of the following periods —
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
Employment
where subsection (1)(a) applies, the period of 4 weeks referred to in subsection (1)(a)(i) and the first 4 weeks of the period referred to in subsection (1)(a)(ii);
where subsection (1)(b) applies, the first 8 weeks of the period referred to in subsection (1)(b):
Provided that in the case of a citizen of Brunei Darussalam or permanent resident, every such female employee shall be entitled to receive payment from her employer at her gross rate of pay for the period of 2 weeks referred to in paragraph (a) of the proviso in subsection (1) and the first 11 weeks of the period referred to in paragraph (b) of the proviso in subsection (1):
Provided further that in the case of a citizen of Brunei Darussalam or permanent resident, who suffers from incomplete pregnancy at 24 weeks or above, every such female employee shall be entitled to receive payment from her employer at her gross rate of pay for the period of 8 weeks.
A female employee who has served an employer for less than 180 days immediately preceding the day of her confinement shall not be entitled to any pay during the benefit period.
Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period.
benefit period
“benefit period” means the period referred to in section 91(2).
In this section, “citizen of Brunei Darussalam or permanent resident” means a citizen of Brunei Darussalam or a permanent resident who —
is an employee in respect of whom contributions are payable by her employer on behalf of the employee under and in accordance with the provisions of the Employee Trust Act
(Chapter 167); and
is lawfully married or validly married under any written law.
Employment 66
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order in writing exempt any employee or class of employee from the provision of subsection (5).
Terms defined in this Act
benefit period
Defined · s 90“benefit period” means the period referred to in section 91(2).
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
gross rate of pay
Defined · s 2“gross rate of pay” means the total amount of money including allowances to which an employee is entitled under his contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his contract of service, or for each completed piece or task of work but does not include — (a) additional payments by way of overtime payments; (b) additional payments by way of bonus payments or annual salary supplements; (c) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (d) productivity incentive payments; and (e) travelling, food or housing allowances: Provided that in the case of employee on piece rates, the ordinary rate of pay shall be calculated by dividing the period of 14 days immediately preceding the day on which the rate of pay is required to be calculated by the number of days on which such employee actually worked during such period;
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