A comprehensive guide to employee leave entitlements under the Employment Act 1955 (as amended 2022). All employers in Malaysia must comply with these minimum statutory requirements.
Automate Leave Management with SafeSyt HR →| Leave Type | Entitlement | Section | Conditions |
|---|---|---|---|
| Annual Leave | 8 / 12 / 16 days | Section 60E | By years of service |
| Sick Leave | 14 / 18 / 22 days | Section 60F | By years of service |
| Hospitalization Leave | 60 days | Section 60F | Inclusive of sick leave |
| Maternity Leave | 98 days | Section 37 | Female employees |
| Paternity Leave | 7 days | Section 60FA | Married male employees |
| Public Holidays | 11 days | Section 60D | Gazetted holidays |
| Years of Service | Annual Leave Entitlement |
|---|---|
| Less than 2 years | 8 days |
| 2 to 5 years | 12 days |
| More than 5 years | 16 days |
Annual leave is calculated on a pro-rata basis for incomplete years of service. Employees must be employed for at least 12 months to be entitled to the full allocation.
| Years of Service | Sick Leave Entitlement |
|---|---|
| Less than 2 years | 14 days |
| 2 to 5 years | 18 days |
| More than 5 years | 22 days |
Employees must be certified by a registered medical practitioner or medical officer. Sick leave taken without valid MC may be treated as unauthorized absence.
Employees requiring hospitalization are entitled to 60 days of paid hospitalization leave per calendar year. This is inclusive of the sick leave entitlement (not in addition to it).
Female employees are entitled to 98 consecutive days of paid maternity leave for each confinement. Key conditions:
Married male employees are entitled to 7 consecutive days of paid paternity leave. Conditions:
Employees are entitled to 11 gazetted public holidays per year. Five are compulsory:
The remaining 6 are chosen by the employer from the list of gazetted holidays.
Under Section 60D(1)(b), if an employee is required to work on a public holiday, the employer must provide either:
For work on rest days, replacement leave or overtime pay at 1.5x–2x applies depending on hours worked.
The Employment Act 1955 does not mandate carry forward of annual leave. Key points:
Unpaid leave is not a statutory entitlement under the Employment Act. It is granted at the employer's discretion. Key considerations:
SafeSyt HR automatically calculates entitlements, tracks balances, and ensures compliance with Malaysian employment law.
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