Understanding Employee Sick Leave Entitlements in Malaysia

Sick leave is a crucial aspect of employment that ensures employees have time off to address their health concerns and recover from illnesses. In Malaysia, sick leave entitlements are governed by the Employment Act 1955 and provide employees with specific rights and benefits. Both employers and employees need to have a clear understanding of these entitlements to ensure compliance and a healthy work environment.
 

What Are the Leave Entitlements in Malaysia

In Malaysia, employees are entitled to various types of leave as outlined by the Employment Act 1955 and the Holidays Act 1951. These leave entitlements are designed to provide employees with necessary time off for rest, personal matters, and medical reasons. Understanding the different types of available leave is crucial for employers and employees to ensure a fair and balanced work-life arrangement.

#1 Annual Leave

Annual leave, or paid or vacation leave, is a significant benefit for employees. The Employment Act specifies the entitlement to annual leave based on an employee's length of service. Employees with less than two years of service are entitled to 8 days of paid annual leave. As an employee's length of service increases to two or more years, the entitlement increases to 12 days of paid annual leave.

#2 Sick Leave

Sick leave is a critical provision that supports employees' health and well-being. In Malaysia, employees are entitled to paid sick leave based on specific conditions outlined in the Employment Act. The entitlements for sick leave depend on the nature of the illness and the duration of an employee's service.

According to Section 60F of the Employment Act, an employee is entitled to paid sick leave after examination at the employer's expense. The examination must be conducted by a registered medical practitioner appointed by the employer. Suppose no such medical practitioner is appointed or their services are not obtainable within a reasonable time or distance. In that case, the employee may seek examination by any other registered medical practitioner or a medical officer.

The specific entitlements for paid sick leave are as follows:

• Where no hospitalization is necessary:
• Less than two years of employment: 14 days of paid sick leave per calendar year.
• Two or more years but less than five years of employment: 18 days of paid sick leave per calendar year.
• Five years or more of employment: 22 days of paid sick leave per calendar year.
• Where hospitalization is necessary, as certified by a registered medical practitioner or medical officer:
• Each calendar year, the employee is entitled to 60 days of paid sick leave.

It is important to note that the total number of paid sick leave an employee is entitled to in a calendar year under this section can be, at most, 60 days. Additionally, if an employee is certified by a registered medical practitioner or medical officer to require hospitalization for any reason, they will be deemed hospitalized for this section.

Furthermore, under subsection 1A of Section 60F, employees are entitled to paid sick leave after examination by a dental surgeon, as defined in the Dental Act 1971. The entitlement for such sick leave is inclusive of the number of days provided under subsection 1 for both hospitalization and non-hospitalization cases.

#3 Public Holidays

Public holidays play a significant role in allowing employees to take time off to rest and spend quality time with their families. In Malaysia, public holidays are mandated by the Holidays Act 1951, establishing specific days as national public holidays. Additionally, state-specific public holidays may be observed in different regions of the country.

#4 Maternity Leave

Maternity leave is a crucial provision for female employees in Malaysia to support their well-being during pregnancy and the transition to parenthood. Under the Employment Act, female employees are entitled to paid maternity leave. The current entitlement is 14 weeks of paid maternity leave.

Female employees can receive their ordinary pay rate during maternity leave, ensuring financial security during this important period. It's important to note that during maternity leave, employees are not entitled to paid sick leave under the sick leave provisions outlined in Section 60F.

#5 Absence Due to Imprisonment or Court

Employees absent from work due to imprisonment or court appearances are protected under the Employment Act. The Act specifies that employees are entitled to leave during this period as specified by the law. However, it's essential to consult the specific legal provisions and regulations regarding leave entitlements in such circumstances.

What Are the Differences for Each Sick Leave

Sick leave entitlements in Malaysia vary based on the duration of an employee's service, the need for hospitalization, and the certification by registered medical practitioners or medical officers. Let's explore the different types of sick leave entitlements:

#1 No Paid Sick Leave

For employees with less than three months of service, there is no entitlement to paid sick leave. However, employers may grant unpaid sick leave based on the circumstances and their discretion. Employers must have clear policies regarding unpaid sick leave for employees with short tenure.

#2 Continuous Sick Leave

Employees who require sick leave for more than 14 consecutive days may be eligible for hospitalization leave. During this period, the employee is entitled to a half-paid sick leave for up to 60 days in a calendar year. This entitlement is subject to certification by a registered medical practitioner or medical officer to confirm the need for hospitalization.

#3 Full Paid Sick Leave

Employees in Malaysia are generally entitled to 14 days of paid sick leave in a calendar year for non-hospitalization cases. Employees must provide a medical certificate from a registered medical practitioner to validate their sick leave to avail of this entitlement. The medical certificate proves the employee's illness and the need for recovery time.

By understanding the various types of leave entitlements, including sick leave, employers can ensure compliance with the Employment Act and provide the necessary support for their employees' well-being. Conversely, employees can exercise their rights confidently, knowing their entitlements and the procedures for availing leave when needed.

Employers and employees must familiarize themselves with the provisions outlined in the Employment Act and consult legal professionals or relevant authorities for any further clarifications or updates to the legislation.
 

Frequently Asked Questions (FAQs)

Q1: How many days of sick leave am I entitled to in a calendar year? 

A: The number of days of sick leave entitlement depends on your length of employment and the need for hospitalization. If no hospitalization is required, you are entitled to:

• Less than two years of employment: 14 days
• Two years or more but less than five years of employment: 18 days
• Five years or more of employment: 22 days. If hospitalization is necessary and certified by a registered medical practitioner or medical officer, the entitlement is 60 days in a calendar year.

Q2: Can I use sick leave for dental issues?

A: Yes, you are entitled to paid sick leave for dental issues. After examination by a dental surgeon as defined in the Dental Act 1971, you can claim sick leave, and the entitlement includes the days provided for in the sick leave provisions.

Q3: Do I need to provide a medical certificate for sick leave? 

A: A medical certificate from a registered medical practitioner, medical officer, or dental surgeon is required to certify your need for sick leave. Failure to provide a valid certificate may be considered an unauthorized absence from work.

Q4: What happens if I fail to inform my employer about my sick leave within 48 hours?

A: If you inform or attempt to inform your employer about your sick leave within 48 hours of its commencement, your absence may be deemed unauthorized with a reasonable excuse for the days you were absent from work.

Q5: Will I receive my regular pay during sick leave? 

A: Yes, your employer must pay you your ordinary rate for each day of sick leave. If you receive monthly wages, your sick leave pay should be included in your monthly wages without any deduction for the days you were on sick leave.

Q6: Can I take sick leave while receiving maternity allowance? A: You are not entitled to paid sick leave while receiving maternity allowance under Part IX of the Employment Act. During the period of maternity allowance, sick leave provisions do not apply.

Q7: Can I claim sick leave if I am receiving compensation for disablement under the Workmen's Compensation Act 1952? 

A: You are not entitled to paid sick leave while receiving compensation for disablement under the Workmen's Compensation Act 1952. The sick leave provisions do not apply during this period.

Q8: Am I eligible for sick leave if I receive periodic payments for temporary disablement under the Employees Social Security Act 1969? 

A: You are not entitled to paid sick leave if you receive periodic payments for temporary disablement under the Employees Social Security Act 1969. The sick leave provisions do not apply during this period.

Q9: Can I accumulate unused sick leave from one year to the next? 

A: Unused sick leave cannot be carried forward to the following year. The entitlement is specific to each calendar year, and any unused sick leave does not accumulate.

Q10: Can my employer appoint a specific medical practitioner for sick leave examinations? 

A: Your employer can appoint a registered medical practitioner for sick leave examinations. However, suppose such a practitioner is not appointed, or their services are not obtainable within a reasonable time or distance. In that case, you can seek the services of any other registered medical practitioner or a medical officer.