Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Malaysia. This article explains Malaysia’s leave laws, including Maternity Leave Annual Leave Compassionate leave Paternity leave Sick Leave Public holidays Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Maternity Leave | 90 days for eligible employees. | Does not accrue. | No carry over. | No specific payout. | Not applicable. |
Annual Leave | Minimum of 8 days for first 2 years, increasing with tenure. | Accrued monthly. | Varies by company policy. | Paid out for unused leave. | Depends on company policy. |
Compassionate leave | Typically 3 to 5 days. | Does not accrue. | No carry over. | No payout. | Not applicable. |
Paternity leave | 7 days for eligible employees. | Does not accrue. | No carry over. | No payout. | Not applicable. |
Sick Leave | 14 to 60 days depending on tenure and hospitalization. | Annual basis, not accrued monthly. | No carry over. | No payout for unused sick leave. | No payout. |
Public holidays | At least 11 days per year. | Not accrued but predefined. | Not applicable. | Not applicable. | Not applicable. |
Eligible female employees are entitled to 90 days of maternity leave with pay. Eligibility usually requires a minimum period of employment before the commencement of the leave.
Employees must inform their employer of their pregnancy at least 4 weeks before the beginning of the maternity leave period.
While approval is not typically required for taking maternity leave, proper notification and documentation, such as a medical certificate, must be provided.
Additional maternity leave is not typically available beyond the 90 days, unless specified by company policy or collective agreements.
Maternity leave does not accrue and is granted per pregnancy.
Maternity leave must be taken consecutively and cannot be split or carried over.
Maternity leave is not subject to payout upon termination, as it must be used during the pregnancy period.
Maternity leave does not apply at the end of the year and is only relevant during the period of pregnancy.
During the maternity leave period, women are protected against termination of employment except on the grounds of serious misconduct unrelated to pregnancy or childbirth.
Employees are entitled to a minimum of 8 days of annual leave for the first 2 years of service, 12 days for 2 to 5 years of service, and 16 days for more than 5 years of service.
The notice period for taking annual leave is typically determined by company policy, though it is common practice to inform the employer at least one month in advance.
Annual leave requires prior approval from the employer, and the approval process may vary depending on the company's internal leave policy.
Additional annual leave beyond the statutory minimum is at the discretion of the employer and is not mandated by law.
Annual leave is accrued on a monthly basis from the date of commencement of employment.
Carry over of unused annual leave to the next year is subject to company policy. Some companies allow it, while others require leave to be used within the calendar year.
On termination of employment, any accrued but unused annual leave must be paid out by the employer.
End of year payout for unused annual leave is not mandated by law and depends on the terms of the employment contract or company policy.
Employers may impose restrictions on when annual leave can be taken, particularly during peak operational periods.
Employees are usually granted 3 to 5 days of compassionate leave in the event of the death of an immediate family member.
Employees should inform their employer about the need for compassionate leave as soon as possible after the event.
Compassionate leave generally needs to be verified with appropriate documentation such as a death certificate.
Additional days of compassionate leave may be granted at the discretion of the employer, depending on the circumstances.
Compassionate leave does not accrue annually and is provided as needed per event.
Compassionate leave cannot be carried over as it is granted per specific incident.
Compassionate leave is not paid out upon termination as it is intended for specific instances of bereavement.
There is no end of year payout for compassionate leave as it does not accrue.
Compassionate leave is usually granted for the death of immediate family members, though some employers may extend this to include other close relatives.
Eligible male employees are granted 7 days of paternity leave upon the birth of their child, provided they have been employed for a certain period prior to the leave.
Employees should inform their employer and provide documentation of the birth as soon as reasonably possible.
Paternity leave does not typically require advance approval, but employees must provide documentation such as a birth certificate.
Additional paternity leave is not commonly available and is subject to employer's discretion or specific employment agreements.
Paternity leave does not accrue and is available per occurrence of childbirth.
Paternity leave must be taken in one continuous period around the time of birth and cannot be carried over.
Unused paternity leave is not paid out upon termination, as it is intended for use specifically at the time of childbirth.
Paternity leave is event-specific and does not carry annual implications or payouts.
Paternity leave is specifically intended to be used at the time of childbirth and is not applicable at other times.
Employees are entitled to 14 days of paid outpatient sick leave per year, 22 days if they have been employed for more than 5 years, and up to 60 days including hospitalization leave.
Notice should be given as soon as possible, and a medical certificate is required to substantiate the sick leave.
Sick leave does not require prior approval, but employees must provide a medical certificate from a certified doctor to qualify for sick leave benefits.
The quota for sick leave is fixed and additional sick leave beyond this quota is not typically available under standard employment law.
Sick leave entitlement is granted in full at the start of each calendar year and does not accrue monthly.
Unused sick leave cannot be carried over to the next year.
There is no payout for unused sick leave upon termination of employment.
Unused sick leave is not paid out at the end of the year.
If hospitalization is necessary, an employee's sick leave entitlement may be extended up to 60 days including the normal sick leave days.
Employees are entitled to a minimum of 11 paid public holidays per year. Some states may have additional public holidays.
Notice periods do not apply to public holidays as these are set nationally and are known in advance.
Public holidays do not require employer approval as they are mandated by law.
Additional public holidays may be declared by the government or state but are not typically at the discretion of the employer.
Public holidays are predefined and are not accrued throughout the year.
Carry over does not apply to public holidays as they are specific to the date they occur on.
There is no payout for public holidays on termination as these benefits do not accumulate.
There is no end of year payout for public holidays.
The specific public holidays and the number of days may vary depending on the state, as some regions may celebrate different cultural or regional festivals.
Get a 30 days free trial for Pro plan, or go with the Basic forever free plan!