10 Most Common Leave Entitlement Questions in Malaysia

10 Most Common Leave Entitlement Questions in Malaysia

October 13, 2017 Blog 94

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:

94 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.

      • Lum YX

        March 12, 2019
        Reply

        My case is similar to Dennis Ng. I given MC with deemed hospitalization for 33 days. However, my HR is not acknowledge my leaves, and she insist
        only take in days of admitted in hospital for hospitalitionleaves, balance as general sick leaves. Is that lawful?

  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

      • Annabelle

        December 19, 2018
        Reply

        Hi can I have the section in the Act that covers this?

        Thank you :)

  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).

  21. Cecilia

    December 12, 2018
    Reply

    Hi,

    My son was just admitted to hospital last Friday & Thanks God he got discharged yesterday. So I want to know if i can use his medical summary as a supported document so my company won't deduct my absent on 12/10 & 12/11 as unpaid leave?

    I have no more annual leave left..

    • William Beh

      December 12, 2018
      Reply

      Hope your son recover well and soon. Check if your company have childcare leave. If not, the company may put it as unpaid leave. Since your son case is pretty serious until need to be admitted, try talk to your company HR and see any policy to cover that. Worst case, can ask them to deduct next year's leave as the entitlement is coming soon.

  22. KUMAR

    December 16, 2018
    Reply

    Hi one of my worker is on hospitalization leave for last 2 months .... during this he is traveling and going for holidays .... is he violating his hospitalization leave .... can company take any any action on him ?

    • Simon Siah

      December 17, 2018
      Reply

      Hi Kumar,

      If he has a valid hospitalization certificate, he is not violating.

      Thank you,
      Simon Siah

  23. MK

    December 20, 2018
    Reply

    Hi, I just want to clear my doubt on the sick leave, as stated in the Employment Act employees entitled to sick leave and hospitalisation leave up to maximum of 60 days for each calendar year. Does it mean that any new employee join irrespective of their length of service straight away entitle for that full entitlement for that year? If not, how to compute the entitlement?

    Thanks in advance!

    • Simon Siah

      December 20, 2018
      Reply

      Hi MK,

      Its does not irrespective of employee length of service. Employee straight away entitle for that full entitlement sick and hospitalization leave.

      Thank you,
      Simon Siah

  24. Wilson

    December 20, 2018
    Reply

    Hi, My company is offering me to a company trip during weekday. However, they are deducting my annual leave for the company trip. May I know is it legal under employment act ?

    • Simon Siah

      December 20, 2018
      Reply

      Hi Wilson,

      It is reward to the staff, and I think leave should not be deduct.

      You may consult labor department to get official opinion.
      http://pesaraonline.net/tel-departments.htm

      Thank you,
      Simon Siah

      • Wilson

        December 20, 2018
        Reply

        Thank you.

  25. Raj

    December 23, 2018
    Reply

    Hi team,

    I am on my 3rd month (3 months probation with new firm) and will be tendering my resignation by exercising tetms stipulated in my contract by providing a 2 weeks notice. Since I have not been confirmed, am I still entitled for my first 2 months Anual Leave (2 days) ?

    Info
    - Resigning on my own choice
    - Salary > RM5K
    - Resigning to reevaluate career choice

    Raj

    • Simon Siah

      December 26, 2018
      Reply

      Hi Raj,

      First, you need to confirm are you protected by Malaysia Employee Act?

      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 are protected by Malaysia Employee Act.

      If yes, then you are entitled annual leave even you are on probation.

      If not, then it is depending on your offer letter.

      Thank you,
      Simon Siah

  26. Stephanie

    December 24, 2018
    Reply

    If I want to clear my annual leaves by year end, my Manager has the right to reject?

  27. Caterpillar Trading

    January 1, 2019
    Reply

    Michelle

    Hi,Good day to you.
    My monthly paid are RM 1800, in my appointment letter, the company state the working days are 6 days a week, but company just work for 5 days, means Saturday and Sunday are off. I apply annual leave, from Friday to next week Wednesday, company deduct my 5 days annual leave, And during Hari Raya, my company off from 15 - 24 Jun (10 days) , company deduct my 6 days annual leave. The total company had deduct my annual leave in 11 days, it is legal ?

  28. Ayu

    January 7, 2019
    Reply

    Hi team,

    A friend of mine got miscarriage and received 2weeks MC/hospitalized cert. from the doc. However, the company said they didnt offer hospitalized as they are small corporation and 2weeks will be deducted from her MC leave. Is it legal? Does small or big company can choose they want to offer or not?
    Thanks.

  29. Ling

    January 11, 2019
    Reply

    hi. If a staff take continuous 2 week leave (Only have balance 8 days Annual Leave, the rest will be Non pay leave), can we deduct his 2 rest day as non-pay leave?

    • Simon Siah

      January 11, 2019
      Reply

      Employee has to agree.

  30. Kelmond

    April 3, 2019
    Reply

    To whom may concern

    Leave entitlement
    I need help, i have mention to my boss no verbally that i will applied leave on certain date for vacation he said ok. I have brought the plane ticket and apply for annual leave. Due to unforeseen circumstance my boss wont be around due to last minute business trip that he need me to work on that specific date. How coincidence!!!. He rejected my leave and i cant get refund or reschedule for my air ticket/hotel based on t&c.

    I suspect he take this personal because he never like me anyway. If i have 24 days annual leave. If he keep rejected through valid reason.. i cant fight back and the end of the day my leave will burn anyway. What should i do? Can my boss do that to employee as long he has the valid reason ...Kindly advise.?

    • Simon Siah

      April 4, 2019
      Reply

      An employer can reject leave application with a valid reason. Typically reason could be the leave application does not comply in the company policy, another employee already going on leave at that particular time, or the company requires the employee to be at work.

      If the employee requires to work until no time to utilize their leave entitlement, the company should pay for the unutilized leave.

  31. Adeline Ling

    April 8, 2019
    Reply

    HR Sifu,
    I have exhausted my annual leave and I am taking 3 days unpaid leave(no pay leave). But during this 3 days of unpaid leave, I was admitted to hospital and doctor gave me 2 days medical leave. Questions, my company said I am not eligible to the medical leave because I am on unpaid leave therefore not entitled to any benefits. is this against the law?

    • Simon Siah

      April 9, 2019
      Reply

      Based on Malaysia employee act, you should entitle medical leave instead. Refer most ask question number 2.

  32. Sasa

    April 23, 2019
    Reply

    Dear HR Sifu, I was being hospitalised on Saturday & Sunday. Since I just got miscarriage, doctor asked to bed rest for the next 5 days. I was given a slip but there's no title MC/Hospitalised on it. It only mentioned "This to certify xx IC No xx not unfit for work for xx days, from xx to xx", Medical Centre logo on top, Date & doctos signature.

    My question is, whats the eligibility for me to apply udner Hospitalization leave? Can I apply my 5 days of bed rest under Hospitalisation leaves?

    • Simon Siah

      April 24, 2019
      Reply

      Hi Sasa,

      Yes, you can apply for hospitalization leave.

      Thank you,
      Simon Siah

  33. kamal ji

    April 29, 2019
    Reply

    Hi, One of my staff is on long sick leave. Now she got Hospitalisation leave but not admitted.
    Can a hospitalisation leave use when she is resting at home? pls advice

  34. Chris C

    May 3, 2019
    Reply

    Hi, we have a new staff just joined in 15 April 2019 (2.5 weeks ago). Within this short period, she already took 7 days MC on 4 occasions, and even today also on MC.

    She is on 3 months probation, but are these leaves considered as sick leave? We view it is too excessive already, for a 2 week old employee.

    • Simon Siah

      May 6, 2019
      Reply

      Hi Chris,

      As long as she has a medical certificate, she is eligible to take sick leave and rest at home. Probably you can call the clinic to find out what happens to your employee.

      Thank you,
      Simon Siah

  35. Shiris

    May 7, 2019
    Reply

    Hi im resigning end of may and my salary is below 2000. I have 14 days of mc per year. I've already used 10 days of it. Can my boss pro-rata my mc and deduct it my from my salary when i resign?

    • Simon Siah

      May 7, 2019
      Reply

      Hi Shiris,

      MC - medical leave is calculate by annual. Thus, your company can not prorate and deduct from your last salary.

      Thank you,
      Simon Siah

  36. Chen Yee

    May 8, 2019
    Reply

    Hi,May i know whether Malaysia have any Childcare Leave?

    • Simon Siah

      May 8, 2019
      Reply

      Hi Chen Yee,

      Childcare Leave does not stated in Malaysia Employee Act.

      Thank you,
      Simon Siah

  37. Lee

    May 22, 2019
    Reply

    May i know, if my staff taken a unpaid leave from tuesday until next week tuesday , and Monday is he rest day. Question, because he not working in whole week, is he entitled rest day?

    • Simon Siah

      May 22, 2019
      Reply

      I am assuming the employee is a full-time employee. Unpaid leave is considered a paid leave, where the employee doesn't get paid instead of deducting their salary. For this case, he is entitled to rest day.

  38. Sha

    May 24, 2019
    Reply

    Hi, recently my staff has been on MC for 19days due to falling down the stairs. He just came back to work this week and only worked for 2 days, but now the doctor had been given him another 43 days of MC. For your record, he is entitled for 14 days sick leave/medical leave and 60 days hospitalization but in the MC there is no hospitalization written by the doctor. It's just an MC. Should I deduct his remaining balance of medical leave from his annual leave or does it falls under hospitalization? He is already exceeded his sick leave entitlement. Please advise.

    • Simon Siah

      May 24, 2019
      Reply

      Hi Sha, He is not entitled the hospitalization leave unless it is stated in the MC. You have to inform him that the hospitalization leave is rejected, and his sick leave is exhausted. He has to utilise his annual leave.

  39. Jay

    May 27, 2019
    Reply

    Hi, my colleague had an accident (after work), hospitalised and will not be working up to 1-2 months. As we are working in F&B industry - in kitchen, therefore the Company needs to hire new staff to replace his position temporary.

    I’d like to confirm the hospitalisation leave;
    1) entitlement of hospitalisation leave do based on type of industries?
    2) does she entitled the 60 days of hospitalisation leave?
    3) does she entitled her paid leave for this 1-2 mths during hospitalisation / sick leave?

    Please advise. Thanks.

    • William Beh

      May 27, 2019
      Reply

      1 & 2) minimum entitlement is 60 days hospitalisation leave including the medical sick leave. Some company does provide more depending on company policy
      3) Yes, she is entitled to paid leave with proper hospitalisation certification / MC.

  40. Cecilia Yeoh

    May 28, 2019
    Reply

    Hi,
    Would like to check with you, does employee can applied 0.5day of medical leave?
    Is there any act mentioned that employee need to applied full day MC instead of 0.5day?

    thanks for your advise :)

    • William Beh

      May 29, 2019
      Reply

      Yes, employee can apply for 0.5 (half) day medical leave

  41. Jay

    May 29, 2019
    Reply

    Hi,
    I understand that an employee is not covered under employment act if their salary is more than RM2,000. Does he or she still entitled for the 60 days of hospitalisation leave as the Company don’t give or mentioned in the employment letter?

    Please advise,
    Many thanks

    • William Beh

      May 29, 2019
      Reply

      Employee entitled based on the company policy for employee not covered under Employment Act. Normally company will follow based on EA.

  42. Lucien

    May 30, 2019
    Reply

    My wife is diagnose with breast cancer and on 30 days medical leave. She needs to go for chemotherapy 6 times and radiotherapy 15 times. I would like to get advise how many days she is entitle for medical leave for critical illness in Malaysia Laws?

    • William Beh

      May 30, 2019
      Reply

      I'm sorry to hear that Lucien. Hope your wife will recover soon. Assuming your wife is not covered under Employment Act, leave and hospitalisation is based on company policy. Doctor can issue hospitalisation leave and she can be based at home to utilised 30 days as hospitalisation instead of medical leave. Normally medical leave is only 14 days. If not she only can used 14 days medical leave, 16 have to request as annual or no pay. But she can discuss with the company to allow claim for hospitalisation with good will. Some company have critical illnesses leave policy. So it's better for her to check with her HR regarding the company leave policy.

  43. Mann

    June 20, 2019
    Reply

    I tendered my resignation on 31 May 2019. My annual leave entitlement is 30 days. I'm required to provide 3 months notice. I have annual leave balance carried forward of 24 days from last year. My Annual leave entitlement for 2019 is not utilized yet. I continue to work the whole month of June 2019. If I serve the 3 months full notice, the total balance of the annual leave can cover my notice period until 30 Aug 2019, i can get paid for the period to 30 Aug, 2019 and there is no shortfall in notice. However, I am requesting for my last working day to be set as 21 July 2019 and start taking my leave from 1 July 2019.
    1. How will my Annual Leave be offset against the remaining notice period in July & August of 2019?
    2. After setting my last working day as 21 July, 2019 will my remaining annual leave be offset against only working days or will the annual leave be also offset against, Sat, Sun & Public Holidays?
    3. Will there be shortfall of notice period that i have to pay in lieu?

  44. Pua

    July 1, 2019
    Reply

    if by reason of illness, physical or mental incapacity, you should be absent or unable effectively to perform your duties and responsibilities for a total of sixty days in any period of twelve months, the company shall be at liberty to terminate your employment by giving four weeks notice in writing or in lieu thereof four weeks salary and thereafter, the company shall not be liable for any other payment for compensation in respect of such termination whatsoever.

    Is the above normal rules for employer to indicate in the employment letter?

  45. Apple Koh

    July 1, 2019
    Reply

    If the employee have unused annual leave at year end , that the company can pay in lieu instead of carried forward?

    How to calculate the pay in lieu of unused annual leave

    • Simon Siah

      July 6, 2019
      Reply

      If at the request of his employer, the employee agrees in writing not to taken annual leave, he is then entitled to payment instead of annual leave.

      One day's rate is (1 / 26) x (monthly base salary).

  46. TD Faves

    July 6, 2019
    Reply

    Every employee is entitled to take their annual leave, yes subject for approval but case to case basis. Especially the emergency leave. How to apply the emergency leave in Malaysia? What is the policy in every company?

    • Simon Siah

      July 6, 2019
      Reply

      On unforeseen circumstances, the employee informs their employer where they would absent from work. The employee will submit annual leave when they return work.

      On the request form, the employee has to state this is emergency leave, and reason. Then HR would have a record of how often the employee takes emergency leave.

      Depends on industry and job scope, some company required the employee informs the employer before start work so that the on-duty manager can arrange a replacement.

      If the employee does not inform the employer, HR can take disciplinary action.

      If the reason not justified, example vacation, HR can take disciplinary action.

  47. AT

    July 8, 2019
    Reply

    Hi, I am working from Monday to Friday. I have been undergoing a surgery and granted for a TWO months hospitalisation leave as I need long recovery and I was walk with crutches for at least 6 weeks . Does this hospitalisation leave including Saturday & Sunday? Some stated in Section 59 - Rest day, sick leave (hospitalisation leave) should be counted as sick leave taken even it is off-day. My employer want to deduct 60days for the 2months hospitalisation leave I have taken and he mentioned the hospitalisation leave should be same with Maternity Leave which is calculated as consecutive days. Do I have any law can discuss with me?

    • Simon Siah

      July 8, 2019
      Reply

      Sick leave does not include Saturday and Sunday if both days are rest day in your company. Refer Akta Kerja 1955 page 65, the employer shall pay the employee his ordinary rate of pay
      for every day of sick leave. https://myhos.mohr.gov.my/eAkta/akta_perburuhan/akta_kerja1955.pdf

      • AT

        July 8, 2019
        Reply

        Hi Simon,

        Following your reply, let's say I have taken Hospitalisation Leave on 30/05/2019 to 23/06/2019, the day of Hospitalisation Leave deduct from my entitlement should be 15days as not taken Weekend and Public Holiday, instead of 25 consecutive days.

        Then how about the Section 59 Rest Day talking about?
        ((1) Every employee shall be allowed in each week a rest day of one whole day as may. be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week the last of such rest days shall be the rest day for the purposes of this Part:
        Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 37, or on sick leave as provided under section 60F, or during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees Social Security Act 1969)

        Rest day shall not apply during the period of rest day. This is very confusing.

        • Simon Siah

          July 8, 2019
          Reply

          When there are more than one rest days such as Saturday and Sunday. By law Sunday is the rest day and Saturday is off day. Rest day and off day is a term to calculate overtime. Both has different rate.

  48. AT

    July 8, 2019
    Reply

    Hi Simon,

    If Doctor given hospitalisation leave on 30/05/2019 to 23/06/2019, the leave deduct from my H.Leave should be 15days which Rest Day and Public Holiday should not be counting, instead of 25 consecutive days stated by my employer?

    There is a Section 59 - Rest Day in the Employment Act is very confusing me --

    (1) Every employee shall be allowed in each week a rest day of one whole day as may. be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week the last of such rest days shall be the rest day for the purposes of this Part:
    Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 37, or on sick leave as provided under section 60F, or during the period of temporary disablement under the Workmen's Compensation Act 1952, or under the Employees Social Security Act 1969

    This subsection stating that Rest Day shall not apply during the period of sick leave/hospitalisation leave. There are some people suggest day Hospitalisation Leave should be including Weekend because of this Section.

    Can you explain further?

    • Simon Siah

      July 8, 2019
      Reply

      Rest day does not apply during sick leave for daily rated employee. Example a daily rated employee would apply 7 days for a week absent. Meaning he don't get paid for the 7 days. The hospitalisation leave is to inform the employer the absent is due to hospitalisation.

      Rest day does apply during sick leave for monthly rated employee. Example doctor give sick leave from Friday to Saturday, employee just needs to apply sick leave on Friday.

      Discuss with your HR. In that case both can not agree. Give a call to the labour department and get an official ruling if necessary.

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