Emergency Leave: Definition, Regulation, and Templates

One day, an employee’s child became seriously ill and had to be rushed to the hospital.

The employee had to leave work for some time to take care of their child. Sound familiar?

Emergencies like these often come without warning. whether it is a family illness, an accident, a death, or even a natural disaster.

Understanding that such situations can arise, many companies offer emergency leave to help employees manage these unexpected events.

In this article, we will dive deeper into what emergency leave is, how it works in Malaysia, and the important details you need to know. Read on to learn more.

What is Emergency Leave?

Emergency leave, also referred to as compassionate or special leave, is time off granted to employees to handle unexpected and urgent situations.

It might include a family member’s illness, a sudden accident, attending a funeral, or dealing with natural disasters like floods or fires.

The primary purpose of emergency leave is to allow employees to address critical personal matters without compromising their employment.

Are Malaysian employers legally obliged to provide paid emergency leave?

Under Malaysian labor laws, employers are not legally obligated to offer paid or unpaid emergency leave.

Instead, the availability of emergency leave depends on the company’s internal policies or employment contracts.

Despite the lack of legal requirements, many employers voluntarily provide emergency leave to support their employees during challenging times.

How many days of emergency leave do employees get in Malaysia?

Since emergency leave is not mandated by law, the number of days available depends on the employer.

Most companies in Malaysia offer two to three days of emergency leave annually as part of their policies.

For situations requiring more time, employees may be allowed to use their annual leave or take unpaid leave, depending on the agreement with their employer.

Can an employer refuse emergency leave?

Yes, employers can refuse emergency leave requests, especially if it is not outlined in the employment contract or company policies.

However, the refusal should be reasonable and based on valid grounds.

If the employee fails to communicate the need for leave promptly or does not provide sufficient documentation, the employer may deny the request.

Open communication is essential in such cases.

If an employee feels their request was unfairly denied, they can seek clarification or escalate the matter to the company’s HR department.

How to Apply for Emergency Leave

The process of applying for emergency leave involves three main steps:

1. Notify your employer

When an emergency situation happen, inform your employer as soon as possible.

Use any available means of communication, such as a phone call, email, or your company’s messaging platform.

For example, if you are involved in an accident, notify your supervisor immediately, even if you can’t provide full details at the moment.

Immediate communication helps the employer make arrangements for your absence.

2. Provide reason and documentation

While employers may not always require proof, providing supporting documents can strengthen your leave application.

These documents might include a medical certificate, a police report, or a death certificate, depending on the nature of the emergency.

If you are taking emergency leave to attend a family member’s funeral, a copy of the death certificate can serve as supporting evidence.

3. Follow company procedures

Each company has its own leave application process.

Some may require you to complete a leave form after notifying your manager, while others might accept digital submissions through an HR platform.

Make sure you follow any deadlines for submitting documentation or completing forms to avoid complications.

Examples of Emergency Leave Form

Below are some templates for your reference in creating the form. You can adjust them based on your company's needs.

This is also applicable if you want to create the form in the form of physical documents, digital documents, or using form tools such as Google Forms or HR tools that your company subscribed to.

Family member’s sudden illness

Employee Information

Full Name: ___________________________
Employee ID: _________________________
Department: __________________________

Leave Details

Type of Leave: Emergency Leave
Reason: Family member’s sudden illness
Relationship to Family Member: ____________________
Leave Start Date: _____________________
Leave End Date: ______________________

Supporting Documents (if applicable)

Medical Certificate/Doctor’s Note: ☐ Attached ☐ Not Available

Employee Signature
Signature: _________________________
Date: _____________________________

Manager’s Approval
☐ Approved
☐ Denied
Comments: _________________________

Manager’s Signature: ____________________
Date: _____________________________

Unforeseen accidents or injuries

Employee Information

Full Name: ___________________________
Employee ID: _________________________
Contact Information: __________________

Leave Details

Type of Leave: Emergency Leave
Reason: Unforeseen accident or injury
Incident Description: __________________________
Leave Start Date: _____________________
Leave End Date: ______________________

Supporting Documents (if applicable)

Police Report/Medical Report: ☐ Attached ☐ Not Available

Employee Signature
Signature: _________________________
Date: _____________________________

Manager’s Approval
☐ Approved
☐ Denied
Comments: _________________________

Manager’s Signature: ____________________
Date: _____________________________

Attending a family member’s funeral

Employee Information

Full Name: ___________________________
Employee ID: _________________________
Department: __________________________

Leave Details

Type of Leave: Emergency Leave
Reason: Attending a family member’s funeral
Relationship to Deceased: ____________________
Leave Start Date: _____________________
Leave End Date: ______________________

Supporting Documents (if applicable)

Death Certificate: ☐ Attached ☐ Not Available

Employee Signature
Signature: _________________________
Date: _____________________________

Manager’s Approval
☐ Approved
☐ Denied
Comments: _________________________

Manager’s Signature: ____________________
Date: _____________________________

How can employers support employees in using their emergency leave?

Employers play an important role in helping employees manage emergencies effectively. Below are some tips that you can use:

1. Create clear policies

Having a clear and accessible emergency leave policy lets employees know their rights and responsibilities.

Include this policy in employee handbooks and discuss it during onboarding sessions to promote awareness.

2. Have flexible arrangements

Consider offering flexible work options, such as remote work or adjusted hours, for employees who may not need full leave but require time to address emergencies.

This approach minimizes disruption while accommodating employee needs.

3. Maintain confidentiality

Handle all emergency leave requests with sensitivity and confidentiality. Avoid disclosing personal details to other team members unless necessary for operational purposes.

FAQ

How much emergency leave are employees entitled to?

There is no fixed entitlement under Malaysian labor laws. The number of days is determined by the employer’s policy or employment contract.

What happens if emergency leave is not communicated in time?

If you do not inform your employer quickly, your leave request might be rejected. So, it is crucial to let them know as soon as you can to avoid any problems.

Can emergency leave affect annual leave entitlements?

If the employer does not offer separate emergency leave, the time off may be deducted from the employee’s annual leave balance or marked as unpaid leave.

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