Your Leave Entitlements in Malaysia: Annual, Sick and Maternity
The minimum annual leave, sick leave, maternity and paternity leave Malaysian employees are entitled to under the Employment Act.
Annual leave by years of service
Under the Employment Act, your minimum paid annual leave rises with your length of service: 8 days a year if you have worked less than 2 years, 12 days for 2 to 5 years, and 16 days for more than 5 years with the same employer. Many companies offer more than the minimum as a benefit, but they cannot legally offer less to covered employees.
Sick leave
Paid sick leave is also tiered by service: 14 days a year for under 2 years, 18 days for 2 to 5 years, and 22 days for over 5 years, where no hospitalisation is needed. If you are hospitalised, you are entitled to up to 60 days of paid sick leave in a year. Sick leave must be certified by a registered medical practitioner to be claimable.
Maternity leave
Following the 2023 amendments, eligible female employees are entitled to 98 days of paid maternity leave, up from the previous 60 days. This brought Malaysia closer to international standards. There are conditions around eligibility and the number of surviving children, so check the latest rules and your company policy, which may be more generous.
Paternity leave
The same amendments introduced a statutory 7 days of paid paternity leave for married male employees, subject to conditions such as length of service and notifying the employer. This was a notable step, as paternity leave was previously left entirely to employer goodwill. Some companies offer more as part of their benefits package.
Public holidays
Employees are entitled to a minimum number of paid public holidays each year, including several compulsory national holidays. If you are required to work on a gazetted public holiday, you are entitled to holiday pay plus the higher work-on-holiday rate. The exact list of holidays varies by state, since each state gazettes its own.
Unused leave and resignation
If you leave a job with unused annual leave, you are generally entitled to be paid for the balance, calculated on your final salary. Conversely, if you have taken more leave than accrued, it may be deducted from your final pay. Always reconcile your leave balance before your last day so there are no surprises in your final payslip.
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