10 Most Common Leave Entitlement Questions in Malaysia

10 Most Common Leave Entitlement Questions in Malaysia

October 13, 2017 Blog 8

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:

employee entitlement

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.

sick employee

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.

As your company grows it takes more time and effort for leave management. Company admin spend a lot of time using manual paper or excel to manage the employee leave.
Try out HRSifu which provides employee self service e leave management system.

Leave Entitlement in Malaysia
Six Benefits of Using Online Leave Management System
90 Days Maternity Leave for Private Sector in Malaysia

About the author

William Beh:


  1. Naomi

    April 25, 2018

    Great article! But I would like to know how many unpaid leaves does an employee is entitled to?
    Let's say we hired a new employee who works lesser than a year, he/she is entitled to 60 days sick leave and 8 days annual leave.

    Q1: When can he/she apply for unpaid leave under what circumstances?
    Q2: Does unpaid leave applies only once he/she used up the 8 annual leaves and 60 sick leaves or just the 8 annual leave?
    Q3: Is there a certain number of unpaid leaves an employee is entitled to?

    • Simon Siah

      April 26, 2018

      The Employee Act does not define unpaid leave.

      In regards on your questions, it is up to your company's policy.

  2. Siva

    May 19, 2018

    I get heart attack when im drive back to melaka with my bos sit next to me and thank god he quickly bring me to the nearest hospital which is pantai medical sentre. I have no medical card and my bos paid full settlelment rm 33000. Now my company want me to pay 50% of the sums which is 16500 and they deduct frm my salary this month. Now my question is the company should take full responsible of my medical expenses coz its under working time right.......need ur suggestion pls......tq

    • Simon Siah

      May 19, 2018

      I was very sorry to learn of your incident.

      Based on Employee Act, medical consultation for examination of the employee must be paid by the company. Medicine given to the employee does not have to be paid by the company.

      Does your company have separate medical policy, If yes, it will overwrite Employee Act and you should refer to it.

  3. Ms Loh

    June 19, 2018

    Hi, my staff currently on mc for 1 month which given by hospital due to some minor surgery. However within this 1 month, a few days he’s on annual leave for travelling. I mean he’s actually on mc though he applied annual leave for the travelling. Did he break the laws ?

    • William Beh

      June 20, 2018

      If he is on MC, he does not need to apply annual leave. He does entitle the number of MC day off according the the company policy. Travelling during MC does not break the law. Even more so he did actually apply annual leave for travelling.

  4. hello

    July 12, 2018

    A Employees are entitled to paid sick leave in accordance to their length of service with the company:

    (a) Less than 2 years of service: 14 days
    (b) More than 2 years, but less than 5 years of service: 18 days
    (c) More than 5 years of service: 22 days

    Is this number of sick leave based on calendar year or based from the time the employee started? For example, if an employee is 2 years 5 months old with the company today, should the sick leave entitlement be 18 days for the whole of 2018 or should it be dependent on the start date of the employee?

    • Simon Siah

      July 13, 2018

      Based on employee act, it should be prorated. Jan to May 2018 is prorated based on 14 days, and June to Dec 2018 is prorated based on 18 days.

      Most of the company is given 18 days in such cases.

Would you like to share your thoughts?

Your email address will not be published. Required fields are marked *

Leave a Reply