Can an Employer Reject MC in Malaysia?

Managing sick leave is one of the toughest HR challenges. Frequent absences, suspicious patterns, and workplace disruptions can make employers frustrated. But can an employer actually reject an MC? The law sets clear boundaries, and employers need to balance compliance with proper oversight.

What is MC (Medical Certificate)?

A Medical Certificate (MC) is an official document issued by a registered medical practitioner certifying that an employee is unfit to work due to illness or injury.

Under the Employment Act 1955 (Section 60F):

Employees are entitled to paid sick leave if supported by a valid MC.
MCs are legally recognised as proof of absence.
Without an MC, an employee’s absence may be treated as absent without permission.

In short, an MC protects employees’ rights to rest and receive their salary during sick leave.

Can Employers Reject MC in Malaysia?

Generally, the answer is no. Employers cannot reject a valid MC issued by a recognised doctor. If the employee follows company procedures, the employer must accept it.

Rejecting a valid MC without a good reason may be considered a breach of employee rights, and employees can file a complaint with the Labour Department (JTK).

When Employers Cannot Reject MC

Employers must accept MCs when the following conditions are met:

Issued by a registered doctor, including government hospitals, private clinics, dentists, or company panel doctors. Even non-panel clinics are valid as long as the doctor is registered with the Malaysian Medical Council (MMC).
Company procedure followed. Employees must notify HR or their supervisor within 48 hours and submit the MC on time.
Within entitlement. Sick leave entitlement is based on length of service:
- Less than 2 years: 14 days
- 2–5 years: 18 days
- More than 5 years: 22 days
- Plus 60 days of hospitalisation leave

When Employers Can Question or Reject MC

While MCs are legally binding, employers have the right to question or even reject them in specific situations:

Fake or Forged MCs.

If an MC looks altered, suspicious, or from an unlicensed clinic.

Unrecognised Source

MC issued by someone who is not a registered medical practitioner.

Failure to Comply with Company Policy

For example, not informing the company within the required timeframe.

Abuse Patterns

Taking MC too often near weekends or public holidays may suggest misuse.

Employer’s Right to Verify

Employers are not powerless when they suspect abuse. They may:

Verify with the clinic or hospital that issued the MC.
Send employees to panel clinics for a second opinion.
Take disciplinary action if an employee is caught abusing sick leave (e.g., travelling while on MC).

However, employers should investigate thoroughly before making any decision.

Risks of Wrongfully Rejecting MC

Rejecting a valid MC can create serious risks for employers:

Unfair dismissal claims that lead to complaints with JTK or the Industrial Court.
Legal penalties. Employers may be ordered to reinstate employees or pay compensation.
Mishandling MCs can damage workplace morale and employee relations.

Best Practices for Employers

To manage MCs fairly and effectively:

Have a clear sick leave policy. Include MC submission deadlines and procedures.
Educate and ensure supervisors know MC rules under the Employment Act.
Keep proper records of MCs for payroll and compliance.
Act on suspected abuse but respect genuine illness.

Key Takeaway

MCs are legally recognised as proof of illness in Malaysia. Employers must accept valid MCs, unless there is strong evidence of forgery or abuse. Even then, rejection should only come after verification. Handling MC disputes carefully ensures compliance with the law and protects employer-employee trust.

FAQs

Can the employer convert sick leave to annual leave?

No. Sick leave is a separate entitlement under the Employment Act. Employers cannot force employees to use annual leave when they provide a valid MC.

Can the employer refuse salary on MC days?

No. Salary must still be paid if the MC is valid and within entitlement. Deducting salary without a basis is against the law.

Can frequent MCs lead to dismissal?

Yes, but only if there is proven abuse or long-term inability to work. Employers must investigate, get medical reports, and follow due process before considering termination

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