Leave Types Under the Employment Act (with Leave Request Templates)

Every company wants a productive workforce, but employees also need time to rest and recover.

Whether it's annual leave for vacations, sick leave for health recovery, or maternity leave for new mothers, the Employment Act 1955 sets clear rules on employee leave eligibility in Malaysia.

As an employer, knowing these entitlements helps you manage leave requests fairly, comply with labor laws, and create a positive work environment.

Let’s dive into the different types of leave and what they mean for your business.

Types of Leave Under the Employment Act 1955

The Employment Act 1955 sets the legal framework for employee leave entitlements in Malaysia.

These leave benefits include annual leave, sick leave, public holidays, maternity leave, paternity leave, and compassionate leave.

Annual Leave

Employees are entitled to paid annual leave, which increases with the length of service:

1 to 2 years of service → 8 days of leave
2 to 5 years of service → 12 days of leave
5 years or more → 16 days of leave

Annual leave should be taken within 12 months after the year it was earned.

If an employee fails to take their leave within this period, they may lose the entitlement unless company policy states otherwise.

If an employee leaves the company before completing a full year of service, their leave entitlement is calculated on a pro-rata basis.

Sick Leave

Under the Employment Act 1955, an employee must have worked for at least 6 months with their employer before they qualify for paid sick leave.

The number of sick leave days depends on the employee’s length of service:

Less than 2 years → 14 days of sick leave
2 to 5 years → 18 days of sick leave
More than 5 years → 22 days of sick leave

If an employee requires hospitalization, they are entitled to an additional 60 days of hospitalization leave.

To claim sick leave, employees must obtain a medical certificate from a registered doctor. If no medical certificate is provided, the employer may treat the absence as unpaid leave.

Public Holidays

Employees in Malaysia are entitled to 11 paid public holidays per year. Five of these must include:

Hari Merdeka (Independence Day)
Hari Malaysia (Malaysia Day)
Hari Pekerja (Labour Day)
Hari Keputeraan Yang Di-Pertuan Agong (King’s Birthday)
Hari Keputeraan Negeri/Pemerintah (State Ruler’s Birthday) or Federal Territory Day

If a public holiday falls on a rest day, the employer must either grant a substitute day off or provide additional payment for that day’s work.

Employees working on a public holiday are entitled to double pay, and if they work overtime, they must be paid triple the normal hourly rate.

Maternity Leave

Female employees in Malaysia are entitled to 98 consecutive days of paid maternity leave, provided they have worked for at least 90 days in the 9 months before childbirth.

There are also other conditions that an employee should pay attention:

Maternity leave must begin no earlier than 30 days before the due date and no later than the day after delivery.
Employees will receive maternity allowance at their normal salary rate.
Employees with five or more surviving children are not eligible for paid maternity leave.

Employees who wish to take maternity leave must follow these steps:

1. Notify the employer

The employee should inform their employer as soon as possible about their pregnancy and expected due date.

Some companies may require written notice and supporting medical documents.

2. Submit a maternity leave request

The request should include the expected start and end date of the leave, ensuring it follows the legally allowed timeframe.

3. Provide medical confirmation

Employers may ask for a doctor’s confirmation of the pregnancy and due date.

4. Approval and record-keeping

Employers should process the request, approve the leave period, and update internal records for payroll and compliance purposes.

During the maternity leave, employers should pay attention to these things below:

Employers must pay the maternity allowance on time based on the employee’s normal salary rate.
Employers cannot dismiss an employee due to pregnancy or maternity leave.
Employers must adjust work schedules and workload management accordingly to accommodate the employee’s absence.

Paternity Leave

Male employees in Malaysia are now entitled to 7 days of paid paternity leave if they meet these conditions:

They have worked for the same employer for at least 12 months before the child’s birth.
They notify the employer at least 30 days before the expected birth or as soon as possible after the child is born.
Paternity leave is limited to five births with the same employer.

While the Employment Act now mandates paid paternity leave for eligible employees, not all private-sector employers are required to provide it unless it is part of the employment contract or company policy.

Many private companies voluntarily offer longer paternity leave or additional benefits, such as flexible work arrangements or extended unpaid leave, to support working fathers.

Compassionate Leave

The Employment Act does not specifically regulate compassionate leave, but many employers provide this benefit in cases of death in the immediate family (parents, spouse, or children).

The duration of compassionate leave depends on company policy, typically ranging from 1 to 3 days.

Templates to Request Leave for Employers

As an employer, having structured leave request templates helps maintain proper records and streamline approvals. Below are sample templates for different leave types:

1. Annual Leave Request

Subject: Request for Annual Leave

Dear [Manager’s Name],

I would like to formally request annual leave from [Start Date] to [End Date], totaling [Number of Days] days. I have checked my schedule and will complete any outstanding tasks before my leave. Additionally, I have coordinated with my colleagues to manage any urgent matters during my absence.

Please let me know if further information is needed. I appreciate your consideration.

Sincerely,
[Your Name]

2. Sick Leave Request

Subject: Sick Leave Request

Dear [Manager’s Name],

I am unwell and will require medical leave from [Start Date] to [End Date]. As required, I have attached my medical certificate from [Doctor’s Name / Hospital] for verification.

Please let me know if any further documentation is needed. I will update you should my condition require a longer recovery period.

Sincerely,
[Your Name]

3. Public Holiday Work Request

Subject: Request for Work on Public Holiday

Dear [Manager’s Name],

I understand that my role requires me to work on the upcoming public holiday, [Date]. Kindly confirm the compensation arrangement (substitute leave or extra pay).

Best regards,
[Employee Name]

4. Maternity Leave Request

Subject: Application for Maternity Leave

Dear [Manager’s Name],

I am writing to formally apply for maternity leave from [Start Date] to [End Date], as per company policy and the Employment Act. My expected due date is [Date], and I will be on leave for 98 days.

I have attached my medical certificate confirming my pregnancy and due date. Kindly let me know if there are any further procedures or documents I need to complete before my leave begins.

I appreciate your guidance during this time and will coordinate my responsibilities to ensure a smooth transition.

Sincerely,
[Your Name]

5. Paternity Leave Request

Subject: Paternity Leave Application

Dear [Manager’s Name],

I am pleased to inform you that my spouse is expecting to give birth on [Expected Due Date]. In accordance with company policy, I would like to apply for 7 days of paternity leave from [Start Date] to [End Date].

I have attached the required documentation and have informed my team about workload adjustments during my leave. Kindly confirm if further steps are needed.

Sincerely,
[Your Name]

6. Compassionate Leave Request

Subject: Urgent Leave Request

Dear [Manager’s Name],

I regret to inform you that I have experienced a family emergency and need to take leave immediately from [Start Date]. I will update you on my return date as soon as possible.

Thank you for your understanding.

Sincerely,
[Your Name]

FAQ

How many rest days are employees entitled to in Malaysia?

Employees must be given at least one rest day per week. If they work on their rest day, they must be compensated with additional pay.

How much is the public holiday paid in Malaysia?

Employees who work on public holidays are entitled to double pay for hours worked. If they work overtime, they receive triple their normal hourly rate.

What happens if a public holiday falls on a rest day or another public holiday?

If a public holiday falls on a rest day, employers must provide a substitute holiday or extra pay.

How is annual leave entitlement determined?

Annual leave depends on years of service with the company. Employees must take leave within 12 months of earning it.

What if an employee does not use their annual leave?

If leave is not taken within the allowed period, the employee may lose the entitlement, depending on company policy.

What are the sick leave entitlements in Malaysia?

Employees are entitled to 14 to 22 days of paid sick leave per year, plus 60 days of hospitalization leave if needed.

How to qualify for maternity leave?

Female employees must have worked at least 90 days in the 9 months before childbirth to receive paid maternity leave.

How long is maternity leave in Malaysia?

Employees are entitled to 98 consecutive days of paid maternity leave.

Providing the right leave benefits not only keeps your company compliant with the Employment Act 1955 but also helps maintain a positive workplace.

Employees who receive fair leave entitlements are more engaged and productive, leading to better retention and overall business success.

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