Malaysia Leave Laws

In this page, we’ll break down all you need to know about leave laws in Malaysia.

Read on to learn about employees’ rights in regards to paid time off/annual leave, sick leave, parental leave, national/public holidays, and more.

This page is intended for reference purposes only and does not constitute legal advice. Please see official government sources or consult a legal professional for actual legal advice.

Takeaways

• Paid time off in Malaysia starts at 8 days per year for employees with 1-2 years of service time, rising to a maximum of 16 days per year for employees with over 5 years service time.
• Paid sick leave in Malaysia starts at 14 days per year for employees with 1-2 years of service time, rising to a maximum of 22 days per year for employees with over 5 years service time.
• Employees who are hospitalized can take an additional 60 days of paid sick leave.
• Employees are entitled to 11 paid public holidays per year, five of which are nation-wide, the remainder varying by region.
• Maternity leave in Malaysia is 98 days, starting up to 30 days prior to birth. Paternity leave is 7 days.

Paid Time Off (PTO)/Vacation/Annual Leave in Malaysia

• Workers who have been employed between 1-2 years are entitled to 8 days of PTO per year.
• Workers who have been employed between 2-5 years are entitled to 12 days of PTO.
• Workers who have been employed for more than 5 years are entitled to 16 days of PTO per year.

Employees forfeit their right to annual leave if they miss more than 10% of their working days in a year without permission or a valid reason.

PTO Payout & Use It or Lose It

Employers are not obliged to carry forward unused leave from one year to the next, in effect making Malaysia’s leave policies use it or lose it by default.

Learn more about Use It or Lose It policies here.

Sick Leave in Malaysia

• Workers who have been employed between 1-2 years are entitled to 14 days paid sick leave per year.
• Workers who have been employed between 2-5 years are entitled to 18 days of sick leave.
• Workers who have been employed for more than 5 years are entitled to 22 days of sick leave.

Any employees whose sickness requires hospitalization are entitled to 60 days of paid sick leave, regardless of service time, in addition to the normal sick leave allowance.

The employee should have a note from a doctor confirming their illness, and must make an honest attempt to inform their employer within 48 hours of falling ill.

Malaysia Public Holidays

Employees in Malaysia are entitled to 11 paid public holidays per year.

This includes the following five holidays:

• National Day (August 31)
• Birthday of the Yang di-Pertuan Agong (first Monday of June)
• Birthday of the Ruler of the State OR Federal Territory Day (February 1)
• Workers’ Day (May 1)
• Malaysia Day (September 16)

The other six public holidays can fall on any holidays mentioned in the Holidays Act, and typically vary depending on the region.

Public holidays that fall on a Sunday or another public holiday transfer to the next working day.

Parental Leave in Malaysia (Maternity Leave & Paternity Leave)

Employees are entitled to 98 days of paid maternity leave, starting up to 30 days prior to the expected date of birth, and starting at the latest the day after giving birth.

The legal entitlement to maternity leave was increased from 60 days in 2022.

Paternity Leave

Fathers are entitled to 7 days of paid paternity leave. This leave must be consecutive, and only applies if the father is legally married to the mother of the child.

Bereavement Leave in Malaysia

Bereavement leave is not entitled by law in Malaysia, although most employers offer between two to five days leave (which could be paid or unpaid).

What is Bereavement Leave? Click here to learn more.

Other Leave Types

Official Resources

https://legalsmart.my/leave-entitlement-malaysia/

https://www.kabinet.gov.my/bkpp/pdf/akta_warta/1951_12_31_act369.pdf