Sick Leave in Malaysia: Know Your Rights and Employer Obligations

BY Employment Law Malaysia

Navigating Sick Leave in Malaysia: Rights, Responsibilities, and Legal Implications

Introduction: Legal Framework and Employee Entitlements Under the Malaysian Employment Act

Under the Malaysian Employment Act, employees in Peninsular Malaysia are entitled to paid sick leave, as outlined in Section 60F of the Employment Act 1955. This entitlement safeguards employees suffering from genuine medical conditions. However, employers must also be aware of the potential for misuse. This article explores employee rights in Malaysia, employer responsibilities, and legal actions concerning sick leave Malaysia.

Understanding Sick Leave Entitlements

According to the Malaysian employment act, employees are granted sick leave based on their length of service:

• Without hospitalization:

  • 14 days (under 2 years of service)

  • 18 days (2–5 years of service)

  • 22 days (over 5 years of service)

• With hospitalization: Up to 60 days annually, inclusive of the regular sick leave quota.

Employers may offer more generous terms, but if an employee is medically certified for hospitalization—even if not admitted—they are still entitled to hospitalization leave.

Application and Procedures for Sick Leave

Section 60F(2) mandates that:

• Sick leave must be certified by a registered medical practitioner or government medical officer.

• The employee must notify the employer within 48 hours from the start of the leave.

Failure to comply renders the absence unauthorized. Employers are obligated to pay the ordinary rate of pay under Section 60F(3). Breaches of these provisions are offenses under Section 100(5).

Common Issues and Abuse of Sick Leave

Unauthorized Absences During Employment

Employees absent for more than two consecutive working days without prior notice or valid excuse may be deemed in breach of contract (Section 15 of the Employment Act).

Excessive Sick Leave During Employment

Even when certified, chronic absenteeism may raise suspicion. In Dunlop Malaysian Industries Employees Union v Dunlop Malaysian Industries Bhd, excessive sick leave was scrutinized for abuse, although medical certificates still provide a shield.

Malingering During Employment

Pretending to be ill, or malingering, is considered misconduct (The Regent Kuala Lumpur v Gerad A/L Anthony). Employers must present clear proof, as undue leniency may backfire (Pulai Mewah Sdn Bhd v Leong Fook Heng).

Medical Incapacity and Termination

Termination due to long-term illness is allowed under specific conditions, including:

• Investigation of the medical condition.

• Provision of sufficient recovery time.

• Offering of alternative employment.

• Demonstration of compassion.

Relevant cases include Kempas Edible Oil Sdn Bhd v Abu Bakar Talib, Mohamed bin Mutok v Malaysia Airports Sdn Bhd, and Gopalakrishnan Vasupillai v Goodyear Malaysia Bhd.

Best Practices for Employers

• Investigate thoroughly: Always verify the nature and extent of illness before considering termination (MHS Aviation Sdn Bhd v Zainol Akmar Mohd Noor).

• Consider alternatives: Explore role reassignment or flexible work arrangements.

• Maintain empathy: Handle sensitive health issues with care and due process.

Conclusion

Employers must balance employee welfare with operational needs. Employees are protected under the Employment law Malaysia, especially when medical leave is supported by valid documentation. However, any misuse of sick leave can lead to disciplinary action or even termination of employment in Malaysia.

To ensure compliance with labour law Malaysia and protect both your rights and business, consult an employment lawyer Malaysia or an employment law firm Kuala Lumpur. If you suspect wrongful dismissal Malaysia or face discrimination at work Malaysia, get expert help from a workplace harassment lawyer or employee rights lawyer in Malaysia.

Seeking Legal Assistance

If you're wondering, "What are my rights if I am fired in Malaysia?" or asking, "What is the Malaysian Employment Act?", it's time to speak to a legal professional. For matters such as employment contract Malaysia, salary disputes Malaysia, overtime pay Malaysia, maternity leave Malaysia, sick leave, or retrenchment law Malaysia, finding the right help is crucial.

Contact Employment Law Malaysia, your trusted partner for:

• Employment law advice Malaysia

• Workplace discrimination lawyer Malaysia services

• Employment contract lawyer Malaysia consultation

• Industrial relations Malaysia representation

• Wrongful termination lawyer Malaysia support

• And assistance from an employment lawyer near me Malaysia

Protect your workplace rights. Get professional advice from Employment Law Malaysia today.

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