By
Bryan Lui (Co-Managing Partner) [bryan_lui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh_bhullar@luibhullar.com]
Navigating Sick Leave in Malaysia: Rights, Responsibilities, and Legal Implications
Introduction
Employees in Peninsular Malaysia are entitled to sick leave under Section 60F of the Employment Act 1955. This statutory right ensures paid leave for genuine illness, but employers must be vigilant against abuse. This article provides a comprehensive guide to sick leave in Malaysia, covering employee rights, employer obligations, and legal considerations.
Right to Sick Leave
Employees covered under the Employment Act 1955 are entitled to paid sick leave, varying with their length of service:
No hospitalization:
14 days (less than 2 years of service)
18 days (2-5 years of service)
22 days (5 years or more)
Hospitalization: 60 days per calendar year (additional to regular sick leave).
Employers can provide more generous entitlements. If an employee is certified ill enough for hospitalization but not hospitalized, they are still entitled to hospitalization leave.
Procedure and Application for Sick Leave
Employees must comply with Section 60F(2) of the Employment Act 1955:
Sick leave must be certified by a registered medical practitioner or medical officer.
Employees must inform or attempt to inform their employer within 48 hours of the leave's commencement.
Failure to comply results in deemed unauthorized absence. Employers must provide the ordinary rate of pay for compliant sick leave (Section 60F(3)). Non-compliance is an offence under Section 100(5).
Common Circumstances Surrounding Abuse of Sick Leave
Unauthorized Absence:
Absence for more than two consecutive working days without prior notice or reasonable excuse constitutes a breach of contract (Section 15).
Excessive Sick Leave:
While excessive sick leave can indicate an intention to avoid contractual obligations (Dunlop Malaysian Industries Employees Union v Dunlop Malaysian Industries Bhd), authorized medical certificates provide protection.
Malingering:
Feigning illness to avoid work is misconduct (The Regent Kuala Lumpur v Gerad A/L Anthony). Employers must prove malingering. Condoning excessive sick leave can be detrimental (Pulai Mewah Sdn Bhd v Leong Fook Heng). See also the previous section of this document regarding Malingering.
Termination on Medical Grounds and Medical Boarding Out
Termination due to medical incapacity is justified when an employee cannot perform contractual duties and recovery is unlikely (Kempas Edible Oil Sendirian Berhad v Abu Bakar Talib). Employers must:
Investigate the extent of the illness.
Provide sufficient recovery time.
Demonstrate compassion.
Consider alternative employment.
Follow the principles of Mohamed bin Mutok v Malaysia Airports Sdn Bhd and Gopalakrishnan Vasupillai v Goodyear Malaysia Berhad & Anor.
Employers should establish clear medical boarding out procedures.
Advice to Employers
Conduct Proper Investigation:
Thoroughly investigate illnesses before termination (MHS Aviation Sdn Bhd v Zainol Akmar Mohd Noor).
Offer Alternative Employment:
Consider offering alternative roles.
Introduce Flexible Working Arrangements:
Explore options like remote work or hybrid models.
Conclusion
Employers must respect employees' sick leave rights with genuine medical certificates. However, they should address abuse and malingering appropriately. For genuine illness, compassion and alternative solutions are essential. Employees should not abuse their sick leave entitlements.
Protecting Your Rights and Your Business
Consult an employment lawyer in Malaysia or an employment law firm in Kuala Lumpur for guidance. If you believe you have been wrongfully terminated, seek a wrongful termination lawyer in Malaysia. Review your employment contract lawyer in Malaysia to ensure your rights. If you face discrimination, contact a workplace discrimination lawyer in Malaysia. Understand your employee rights lawyer in Malaysia and the labour law in Malaysia. For employment law advice Malaysia or industrial relations lawyer in Malaysia, seek professional guidance. Search “employment lawyers near me” for local expertise. Lui & Bhullar: Your Employment Law Experts
Lui & Bhullar is a premier employment law firm Kuala Lumpur, specializing in:
Labour law Malaysia compliance for employers.
Employment contract lawyer Malaysia services for drafting and reviewing contracts.
Industrial relations lawyer Malaysia assistance for workplace disputes.
Wrongful termination lawyer Malaysia services for unfair dismissal claims.
Workplace discrimination lawyer Malaysia cases, ensuring fair treatment in the workplace.
Employment lawyers near me search solutions for quick access to expert legal support.
For expert employment law advice Malaysia, contact Lui & Bhullar today to safeguard your workplace rights.
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