Sick Leave in Malaysia: Calculation, Eligibility, Form Sample, and How To

No one likes getting sick, and it is impossible to predict when illness might strike.

Being unwell, especially with a serious or contagious illness, can make it difficult to function normally.

This applies in the workplace, too. When employees fall ill, they should take time off to recover. That is why companies provide sick leave for their employees.

In this article, we will dive into what sick leave is, the regulations surrounding it in Malaysia, and how sick leave is calculated. Read on to learn more!

What is Sick Leave?

Sick leave is when employees take time off work because they are sick or injured.

It gives them the chance to rest and recover without worrying about losing their job or pay.

Sick leave also helps keep the workplace healthy by stopping illnesses from spreading.

Sick leave is a right under Malaysia’s Employment Act 1955.

Employees usually need to show a medical certificate (MC) from a doctor to take sick leave. However, some companies may not ask for an MC if the illness is short-term.

What about hospitalization leave?

Hospitalization leave is for employees who need to stay in the hospital because of a serious illness or injury that requires medical care.

This type of leave is different from regular sick leave and is used for more serious health issues.

Employees can take up to 60 days of hospitalization leave in a year.

This includes any sick leave days already taken.

For example, if you have already used 10 days of sick leave, you will have 50 days of hospitalization leave left for the year.

Employees will need to provide a doctor’s note or medical certificate to prove that hospital care is needed.

As long as the proper documents are provided, employers cannot deny hospitalization leave.

Eligibility

Not everyone automatically qualifies for sick leave.

It depends on your employment status and company rules.

Full-time employees, part-time workers, and even probationary staff are generally entitled to sick leave.

However, if an employee is involved in serious misconduct or has disciplinary issues, they could lose this entitlement.

Take Michael as an example. He just started his job two months ago.

By law, he is entitled to 14 days of sick leave. But if Michael provides a fake medical certificate, his employer could deny him further sick leave.

How many paid sick days are employees entitled to in Malaysia?

The number of paid sick days you can take in Malaysia depends on how long you have worked for your employer.

Based on the Employment Act 1955, it outlines:

Less than 2 years of service: 14 days of paid sick leave per year.
2 to 5 years of service: 18 days of paid sick leave per year.
More than 5 years of service: 22 days of paid sick leave per year.

If hospitalization is needed, employees are entitled to 60 days of hospitalization leave per year, which includes any sick leave taken earlier.

For example, if you have already used 10 sick leave days, you still have 50 days of hospitalization leave available for the rest of the year.

Remember that unused sick leave usually does not carry over to the next year unless the employer’s policy allows it.

Sick leave is specifically for your own health and cannot typically be used to care for family members, although some companies might have additional policies for family emergencies.

When can employers ask for proof from a registered medical practitioner?

Employers can ask employees to provide proof, like a medical certificate (MC), when requesting sick leave or hospitalization leave.

This helps confirm that the leave is genuine and aligns with company policies or legal requirements.

There are some common situations where employers may request proof:

Absences lasting multiple days: If the sick leave extends beyond a certain number of days, employers often require a valid MC to justify the absence.
Frequent sick days: If an employee takes sick leave often, employers may ask for medical documentation to confirm it is for valid health reasons.
During critical work periods: For example, if the leave happens during a busy project or deadline, the employer might request proof to manage workloads effectively.
Suspicion of misuse: If there is reason to believe the sick leave is not genuine, employers can ask for a legitimate MC or further medical details.
Company policy requirements: Some companies require medical certificates for any sick leave, even if it is just for one day.

To meet these requirements, employees should visit a registered medical practitioner, preferably one approved by the company, and submit the MC as soon as possible.

Calculation of Sick Leave Pay

When an employee takes approved sick leave, they are entitled to receive their regular wages for the duration of the leave. How does it work?

The calculation of sick leave pay usually depends on the employee’s monthly basic salary, excluding allowances, bonuses, or overtime pay.
The total amount paid corresponds to the number of days the employee is on sick leave. For example, if an employee earning RM3,000 monthly takes two days of sick leave, their sick leave pay for those days is calculated as:
If an employee is hospitalized, the calculation remains the same, but it applies to the additional 60 days of hospitalization leave entitlement.
To qualify for sick leave pay, employees must provide valid proof, such as a medical certificate from a registered medical practitioner.

Tips for supporting employees on sick leave

A supportive approach helps employees recover faster and creates a positive work environment. Here’s how employers can help:

Communicate sick leave policies clearly. Employees should know how to apply for sick leave, what documents to provide, and who to inform if they’re unwell.
If an employee is recovering from a mild illness, consider offering flexible hours or letting them work from home until they feel better.
Encourage employees to rest when they are unwell to prevent illnesses from spreading in the office. A culture that values health boosts productivity in the long run.

Sample of Sick Leave Form & Acceptable Reasons

Below is a template of the sick leave form that you can utilize. You can improve the template based on your company's needs.

[Company Name] Sick Leave Application Form

Employee Details
- Full Name: _______________________________
- Employee ID: _____________________________
- Department: _____________________________
Leave Details
- Start Date of Leave: _____________________
- End Date of Leave: ______________________
- Total Days Requested: ___________________
Reason for Sick Leave
- Personal Illness
- Injury
- Mental Health Condition
- Other (please specify): ____________________________
Medical Certificate Attached
- Yes
- No
Employee Declaration
I confirm that the above information is true and accurate to the best of my knowledge.
Signature: ____________________________
Date: _________________________________
Approval (For Official Use)
Approved by: __________________________
Designation: ___________________________
Date: _________________________________

Sick Leave Acceptable Reasons

As an additional, these are the sick leave acceptable reasons. You can add this explanation in the form:

Personal illness: Common colds, flu, fever, or more severe illnesses that prevent the employee from performing their duties.
Injury: Physical injuries that require rest or medical attention, such as sprains or fractures.
Mental health conditions: Stress, burnout, or other mental health-related issues requiring time off to recover.
Chronic conditions: Ongoing medical conditions, such as diabetes or asthma, that require occasional treatment or rest.
Hospitalization: When the employee is admitted to a hospital for treatment or surgery.
Contagious illnesses: Conditions like chickenpox or COVID-19 that could pose a risk to coworkers.

Common FAQs about Sick Leave

What happens if an employee falls sick during annual leave?

If a valid medical certificate (MC) is provided, the sick days will not count as annual leave.

Can an employer request a medical certificate for short-term illness?

Yes, employers can request an MC even for short-term illnesses, depending on company policy.

How is sick leave paid out if an employee is terminated?

Sick leave pay is only given up to your last working day. Any unused sick leave is usually not paid out unless your employment contract specifically says so.

Can an employer refuse sick leave or hospitalisation leave?

Employers cannot deny sick leave if the employee provides valid proof, like a medical certificate (MC), as required by the Employment Act.

Can employers terminate employment for someone on long-term sick leave?

Employers can terminate employment on medical grounds if the illness permanently affects the employee's ability to perform their job.

The process must be fair and supported by proper documentation.

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