6 Must Know Compulsory Leave Policies In Malaysia

In Malaysia, employers must provide certain types of leave by law. While companies can offer more leave, many are mindful of maintaining balance. With 50% of employees saying they’d leave their job for better work-life balance, it’s important to get leave policies right.

Here’s a simple guide to the types of leave that are required by law and some optional ideas for employers who want to go the extra mile.

Types of Mandatory Leave

These are the leave types all employers must provide according to the law.

Paid Annual Leave

Everyone needs a break! Employees are entitled to paid days off to rest while still earning their salary. The number of days depends on how long they’ve been with the company:

Years of ServiceAnnual Leave Entitlement
1–2 years8 days
2–5 years12 days
>5 years16 days
Additional note: If an employee is eligible to claim sick or maternity leave while on annual leave, their annual leave is considered unclaimed.

If someone’s worked less than a year, their leave is worked out based on how many months they’ve been there. Note that annual leave is separate from sick days, public holidays, and rest days.

photo of woman sitting on boat spreading her arms
Photo by Te lensFix on Pexels.com | Taking trips heals tiredness from work. This is probably the most important leave you should consider to give more!

Paid Sick Leave

If an employee gets sick and provides a doctor’s note, they’re entitled to paid sick leave. The amount of sick leave depends on their length of service:

Years of ServiceSick Leave Entitlement
1–2 years14 days
2–5 years18 days
>5 years22 days

Employees need to tell their employer they’re sick within 48 hours, or they may be marked absent without reason.

Hospitalisation Leave

If someone needs to be hospitalized, they’re entitled to an extra 60 days of leave on top of their regular sick leave.

Where hospitalisation is necessary, add 60 days to each of the paid sick leave categories above, which means:
74 days annually if employed for 1 – 2 years
78 days annually if employed for 2 – 5 years
82 days annually if employed for more than 5 years

Maternity Leave

Female employees who meet certain requirements are entitled to 98 days of paid maternity leave. They must have worked at least 90 days in the nine months before childbirth and been employed in the four months leading up to it.

grayscale photo of person holding feet and hands
Photo by Alexandro David on Pexels.com | Fun Fact: Isaac Song used to work with UK colleagues, and did you know how many days of Maternity Leave they have? Its 39 weeks. Malaysia’s 14 weeks seems weak now huh, but we are progressing in a positive way!

Paternity Leave

New dads get 7 days of paid paternity leave if they’re legally married to the child’s mother. This was introduced in the 2023 update to the Employment Act.

close up of a dad and his little baby sleeping together
Photo by Pixabay on Pexels.com | Look, Dad needs some time with the little ones too.

Public Holidays

Employees are entitled to 11 paid public holidays each year. Five of these must be:

  • National Day
  • The Yang di-Pertuan Agong’s Birthday
  • The Ruler of the State’s Birthday or Federal Territory Day
  • Workers’ Day
  • Malaysia Day

Final Thoughts

By knowing what leave is mandatory, employers can make sure their workplace is following the law. But why stop there? Offering more types of optional leave is a great way to improve employee satisfaction and promote a healthy work-life balance.