The following are some frequently asked questions that we often encounter:
Does Malaysia sick leave includes rest days or only working days?
How many days of sick leave is the Malaysia employee entitled to in a year?
Can I refuse the employee to go on sick leave?
💡 In Malaysia, sick leave entitlement under the Employment Act 1955 only applies to working days, not rest days or non-working days. This means that if an employee is on sick leave, it is counted based on the number of working days they miss due to illness, and rest days (such as weekends or designated rest days) are not included in the sick leave calculation.
Entitlement and Eligibility
An employee shall, after examination at the expense of the employer:
(a) by a registered medical practitioner duly appointed by the employer; or
(b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer be entitled to paid sick leave
where no hospitalization is necessary:
(i) 14 days per calendar year if the employee has been employed for less than two years;
(ii) 18 days per calendar year if the employee has been employed for 2 years or more but less than 5 years;
(iii) 22 days per calendar year if the employee has been employed for 5 years or more; or
of 60 days in the aggregate in each calendar year if hospitalization is necessary, as may be certified by such registered medical practitioner or medical officer: provided that the total number of days of paid sick leave in a calendar year which an employee is entitled to under this section shall be sixty days in the aggregate; and provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalized but is not hospitalized for any reason whatsoever, the employee shall be deemed to be hospitalized for the purposes of this section.
An employee shall also be entitled to paid sick leave after examination by a dental surgeon as defined in the Dental Act 1971.
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The employer shall pay the employee his/her ordinary rate of pay for every day of such sick leave, and an employee on a monthly rate of pay shall be deemed to have received his sick leave pay if he/she receives from his/her employer his/her monthly wages, without abatement in respect of the days on which he/she was on sick leave, for the month during which he was on such sick leave.
No employee shall be entitled to paid sick leave for the period during which the employee is entitled to maternity allowance underPart IX, or for any period during which he is receiving any compensation for disablement under the Workmen’s CompensationAct 1952 [Act 273], or any periodical payments for temporary disablement under the Employees Social Security Act 1969
No employee shall be entitled to paid sick leave for the period during which the employee is entitled to maternity allowance, or for any period during which he/she is receiving any compensation for disablement under the Workmen’s Compensation Act 1952 [Act 273], or any periodical payments for temporary disablement under the Employees Social Security Act 1969.