Kelayakan Cuti Anda di Malaysia: Tahunan, Sakit dan Bersalin
Cuti tahunan, cuti sakit, cuti bersalin dan paterniti minimum yang pekerja Malaysia layak di bawah Akta Kerja.
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.
Annual and sick leave by length of service
The Employment Act sets minimums, and your contract can only give you more. Annual leave: 8 days a year if you have served less than two years, 12 days for two to five years, and 16 days for five years or more. Paid sick leave (without hospitalisation): 14 days a year for under two years of service, 18 days for two to five years, and 22 days for five years or more. Hospitalisation leave: up to 60 days a year in total, including the ordinary sick leave days. Sick leave must be certified by a registered medical practitioner or a dental surgeon.
Maternity and paternity leave
Since 2023, female employees are entitled to 98 consecutive days of paid maternity leave, up from 60. Married male employees are entitled to 7 consecutive days of paid paternity leave per birth, for up to five births regardless of the number of spouses, provided they have worked for the employer for at least 12 months and notify the employer at least 30 days before the expected confinement (or as early as possible). An employer cannot terminate a pregnant employee because of her pregnancy, except for reasons such as misconduct or business closure.
Unused leave and resigning
The Act does not require employers to let you carry forward unused annual leave, but many contracts allow a limited carry-forward. What it does require is that when your employment ends, you are paid for annual leave you have earned but not taken — unless you are dismissed for misconduct. When you resign, check your leave balance: many employees use remaining leave to shorten their notice period, but this needs the employer's agreement. Leave is earned pro rata, so someone leaving after six months of a 12-day entitlement has earned about six days.
Flexible working and leave in practice
Since 2023, employees can apply in writing for a flexible working arrangement — changes to hours, days or place of work — and the employer must respond in writing within 60 days, giving reasons if it refuses. In practice, leave policies are often more generous at multinationals and banks (18-21 days of annual leave is common) and at government agencies than at small businesses. When comparing job offers, convert leave into money: each extra day of leave on a RM5,000 salary is worth about RM192 using the 26-day rule.
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