10 Most Common Leave Entitlement Questions in Malaysia

10 Most Common Leave Entitlement Questions in Malaysia

October 13, 2017 Blog 38

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.

maternity

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:

38 Comments

  1. Naomi

    April 25, 2018
    Reply

    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
      Reply

      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
    Reply

    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
      Reply

      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
    Reply

    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
      Reply

      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
    Reply

    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
      Reply

      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.

  5. Emily Chew

    July 20, 2018
    Reply

    Hi...I would like to know more about the sick leave during probation period.
    If the staff is under probation period, and she applied one day sick leave with the medical chit, does she entitle to the sick leave benefit? She is getting RM3,500.00 per month.
    My company did mention in the Letter of Appointment, staff are not entitled the sick leave benefit during probation period. IT is lawful?
    Please advise....
    Thank you.

    • Simon Siah

      July 23, 2018
      Reply

      Hi Emily,

      Non manual employee with salary above RM2,000 is not protected by Malaysia Employee Act. Employee benefit is based on Letter of Appointment.

      Some companies have 6 months probation period, and on some cases probation period is extended. To be fair, I think company should allows sick leave during probation period.

      Your sincerely,
      Simon Siah

  6. Dennis Ng

    August 5, 2018
    Reply

    I stayed in hospital for 1 night due to hand surgery. Subsequently, doctor gave me 30 days MC as unfit to work. Is this 30 days consider as Hospitalisation leave or non-hospitalisation leave?

    • Simon Siah

      August 6, 2018
      Reply

      If the MC stated Hospitalisation with rest at home, then it is Hospitalisation Leave, else it is Sick Leave.

  7. Jen

    August 7, 2018
    Reply

    Hi,
    if a holiday falls on Saturday, does Malaysia law state that company must pay leave in-lieu?

    • Simon Siah

      August 8, 2018
      Reply

      Depends on which state in Malaysia.

      Johor, Kedah, Kelantan, and Terengganu defined Friday as Off Day and Saturday is Rest Day.

      The other states defined Saturday as Off Day and Sunday is Rest Day.

      Only Public Holidays that fall on a Rest Day are compulsory to be substituted with a working day proceeding the Rest Day, or company give 1 day pay leave in-lieu.

      Public Holidays that fall on an Off Day is not required to be replaced.

  8. Xavier

    August 24, 2018
    Reply

    Can employee take sick leave during notice period?

    • Simon Siah

      August 26, 2018
      Reply

      Yes. Human do get sick. :-)

  9. Xavier

    August 24, 2018
    Reply

    Do employee get paid sick leave when he/she leave a job?

    • Simon Siah

      August 26, 2018
      Reply

      No, employee does not get paid sick leave based on employee act.

  10. Leng

    August 30, 2018
    Reply

    Can employee retuen to office and tender his resignation letter during block (uninterrupted) leave?
    If yes, does he need to cancel his remaining block leave and return to work?

  11. liyee

    September 1, 2018
    Reply

    can sick leave be prorated in malaysia if the employee working less than one year?

    • Simon Siah

      September 4, 2018
      Reply

      Sick leave is by annual, and can not be prorated.

  12. Esther

    October 1, 2018
    Reply

    Can employee claims their hospitalization leave during probation period?

  13. Serene shang Huan

    October 30, 2018
    Reply

    Hi, Great article!
    I would like to know if you are on your annual leave vacation and out of sudden your boss requires you work over the phone or may even require you to return back from your holiday immediately.
    Can they do so?

    • Simon Siah

      October 31, 2018
      Reply

      Hi Serene,

      Refer below Malaysia Employee Act, Section 60A(2):

      An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of--
      (a) accident, actual or threatened, in or with respect to his place of work;
      (b) work, the performance of which is essential to the life of the community;
      (c) work essential for the defence or security of Malaysia;
      (d) urgent work to be done to machinery or plant;
      (e) an interruption of work which it was impossible to foresee; or
      (f) work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967

      I supposed the employer can take disciplinary action against them if they unreasonably refuse to do. Otherwise, the company cannot run.

      Best regards,
      Simon Siah

  14. Ling

    November 7, 2018
    Reply

    Hi, the maternity leave for private sector is currently at 60 calendar days. Is it true that an employee is eligible to the maternity leave up to maximum 5 surviving children? What if the employee is expecting twins and how do we go about it?

    • Simon Siah

      November 7, 2018
      Reply

      Hi Ling,

      According to Malaysia Employee Act, there is no child limit on maternity leave.

      Female employee still entitled 60 days maternity leave when expecting twins.

      Thank you,
      Simon Siah

  15. Ling

    November 7, 2018
    Reply

    For the 60 days of hospitalization leave taken by an employee, does it include Public Holidays, Rest Days and Off Days?

    • Simon Siah

      November 7, 2018
      Reply

      Hi Ling,

      Hospitalization leave should no include Public Holidays, Rest Days and Off Days.

      Refer below link on Malaysia Leave Entitlement:
      https://www.hrsifu.com/leave-entitlement-in-malaysia/
      https://www.hrsifu.com/part-time-leave-entitlement-in-malaysia/

      Thank you,
      Simon Siah

  16. Ling

    November 7, 2018
    Reply

    Hi Simon,

    For paid sick leave as i know that the minimum entitlement is 14 days. Do we actually need to follow the employment act as below to implement the sick leave? Or can we just set it as 14 days for everyone irregardless of the length of their service?

    Less than 2 Years - 14 Days
    2 years but less than 5 years - 18 days
    5 years and above - 22 days

    Thank you,
    Ling

    • Simon Siah

      November 7, 2018
      Reply

      Hi Ling,

      It should based on employee services length.

      I would recommend try out HRSifu's Online Leave Management System. Entitlement is auto calculate based on service length. Free for 5 employee and below. If more than 5 employee, 1 employee only RM1.

      Thank you,
      Simon Siah

  17. Ning

    November 15, 2018
    Reply

    Hi, I would like to know if an employee takes unpaid leave on Friday and the following week Monday, does Saturday and Sunday counted as unpaid leaves as well, which means that he took 4 days unpaid leave including Saturday and Sunday?

    • William Beh

      November 15, 2018
      Reply

      Hi Ning,

      If Saturday and Sunday is off day for the employee then it is not counted as unpaid leave days.

      Thank you,
      William Beh

  18. Nheng Chin Choo

    November 15, 2018
    Reply

    Hi just to confirm, employee's annual leave (2018) cannot get carried forward to next year, at least march 2019 ?

    • William Beh

      November 16, 2018
      Reply

      The carry forward leave will be based on the company policy. Most company allows to carry forward a specific number of days. In HRSifu leave management, you can set the number of days carry forward and also the expire date. For example, you can carry forward 5 days annual leave and the carry forward leave will expire after March.

  19. WB

    November 30, 2018
    Reply

    Hi Simon --

    Thanks for the great post -- it's clear and really useful. I've been given 30 days sick leave, and my company says 30 days includes weekends (I work Mon-Fri). You mentioned that "Hospitalization leave should no include Public Holidays, Rest Days and Off Days", does this apply to sick leave too?

    If yes, does this mean the company cannot deduct my rest day (Sunday) as sick leave? Also, would you have a reference for this?

    • Simon Siah

      November 30, 2018
      Reply

      Hi WB,

      You does not required apply sick leave on rest and off days.

      But if you fall sick on public holiday, employer should give another day as paid public holiday in substitution of such public holiday.

      Best regards,
      Simon Siah

  20. Sammi Hoo

    December 1, 2018
    Reply

    Hi, my cousin has joined one company about 7 months after graduated. When interview, the employer mentioned probation 3 months but he din't give any confirmation letter after that. When she resigned, the employer have deducted all the leaves she took before in her last salary (basic salary RM 1,600 per month) and told her that under probation is not applicable for any annual leave. And also deducted the cost of company trip which provided in her working period. My questions are:
    1. Under which part of labor law, the employee under probation should entitled the annual leave?
    2. Is it the employer got right to deduct the cost of company trip in her last salary which he din't mention any payment needed before the company trip?
    3. What action we can take on situation above?

    • Simon Siah

      December 3, 2018
      Reply

      Under Malaysia Employee Act, employee is entitled annual leave on first day of work, even she is on probation period. I would advise you get in touch with Jabatan Tenaga Kerja (http://jtksm.mohr.gov.my/ms/hubungi-kami/alamat/ibu-pejabat).

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