10 Most Common Leave Entitlement Questions in Malaysia
The Employment Act 1955 covers a comprehensive type of leaves. Most companies have leave policy in place but may have miss out some points. Here are 10 common leave entitlement questions asked:
1. Am I entitled leave replacement if I fall sick on public holiday?
Yes, if the public holiday falls during which employee is on sick leave, or annual leave, the employer must give another day as paid public holiday in substitution of such public holiday.
2. What if I fall sick on my annual leave?
When an employee fall sick on annual leave, the employee is deemed to have not taken the annual leave in respect of those days.
3. Are employee on probation entitles annual leave?
Yes, employee on probation, even part-time employee are also entitled to annual leave. Please note that part-time employee leave entitlement is different from full time employee. Refer Malaysia Employee Act for detail information.
4. Am I eligible carry forward unused leave to next year?
No, any employee who failed to take leave at the end calendar will cease to be entitled. Anyway, this matter can be stated in the appointment letter or company’s handbook in a separate instruction. Company may have a different policy regarding carry forward leave.
5. I have admitted 70 days in hospital. Can I apply 60 days hospitalization leave and 10 days sick leave?
No, an employee is entitled to only 60 days of sick leave in total a calendar year of whether his sickness necessities hospitalization or not.
6. Can employee absents himself on sick without certified by doctor?
No, he will deemed to have been absent without permission.
7. My employer wiling to pay unused leave during my resignation. What is the pay rate for my annual leave?
The pay rate for annual leave is [monthly rate of pay] / 26. E.g.: Mr A monthly salary is $1800, and his annual leave pay rate is $1800 / 26 = $69.23
8. Can I have earlier maternity leave due to my complicated case?
Maternity leave shall not commence earlier than a period of thirty days immediately preceding the confinement of a female employee or later than the day immediately following her confinement. Doctor must certify as to when to start the maternity leave.
9. Who is protected by Malaysia Employee Act 1955?
Any person irrespective of his occupation’s wages does not exceed $2,000 per month, or exceed $2,000, he is engaged / supervises in manual labor, operation or maintenance of mechanically propelled vehicle, and domestic servant.
10. What if I fail to resolve the issue with my employer?
In the event that you face any issues with the terms of your employment and fail to resolve the issue with your employer, you can get in touch with Jabatan Tenaga Kerja Semenanjung Malaysia JTKSM / Malaysia Labour Department.
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