Types of Leave Entitlement in Malaysia

Understanding leave entitlement in Malaysia is essential for HR professionals, business owners, and team managers. Under the Employment Act 1955 (as amended 2022), employees covered by the Act receive statutory leave benefits. Employers may also offer additional non-statutory leave. Below, discover the 26 valid reasons employees can legally apply for leave and grouped into 6 statutory types and 20 commonly accepted optional reasons.

 

Statutory Leave Entitlements (7 Types)

Employees covered by the Employment Act are entitled to these leave types:
 

1. Annual Leave/ Earned Leave

• After completing 12 months of continuous service with the same employer.

• 8 days (service <2 years), 12 days (2‑5 years), 16 days (5+ years) per Section 60E 

2. Sick Leave/ Medical Leave

• 14 / 18 / 22 days based on length of service, plus 60 days hospitalization leave upon medical certification

 

3. Rest Day

• At least one rest day per week under Section 59 of the Employment Act

4. Public Holiday Leave

• 11 paid gazetted holidays, with 5 mandatory fixed holidays per Section 60D

5. Maternity Leave

• 98 consecutive days for eligible female employees (minimum 90‑day tenure in 9 months preceding confinement)

6. Paternity Leave

• 7 days per birth, limited to 5 births; employee must be married and have ≥12 months of service

7. Hospitalization Leave

• Separate from sick leave, 60 days of certified medical leave per year under Section 60F

Optional Legal or HR-Recognized Leave (19 Types)

Employers often grant these leaves as part of corporate policy:
 

Parental and Family Support Leave

8. Childcare / Parental Leave (if company offers beyond statutory)

9. Compassionate / Bereavement Leave – typically 2–5 days for immediate family loss 

10. Hajj Leave (Muslim employees) – usually 30–40 days. This type of leave is typically available once in an employee’s lifetime and is subject to a minimum number of years of service to be eligible.

Personal Development & Life Events

11. Marriage Leave – commonly 1–3 days for wedding celebrations

12. Study / Examination Leave – for students or employees pursuing certification

13. Unpaid Leave – at employer discretion for personal needs

14. Adoption Leave – if provided by company policy 

Health & Emergencies

15. Medical Appointment Leave

16. Mental Health / Wellness Day

17. Emergency Leave – e.g., to care for a sick family member or urgent crisis

Social & Civic Engagement

18. Volunteer / CSR Leave – for community service or disaster relief

19. Election / Public Service Leave – for campaign duties or civic responsibilities

Other Purposeful Leave Types

20. Moving / Transition Leave – for relocation purposes

21. Bereavement Beyond Immediate Family – extended grieving support

22. Jury Duty or Court Subpoena Leave

23. Force Majeure Leave – due to natural disasters

24. Cultural Festival Leave – beyond statutory holidays for religious/cultural observance

25. Team Building or Retreat Leave – offsite training or company retreat

26. Innovation or Sabbatical Leave – for project development or recharging

 

Employers May Decline Leave Requests: When & Why

While employees have legal rights to annual leave entitlement under the Employment Act 1955, employers retain the discretion to approve or reject leave requests based on operational needs. 

Common Reasons Employers Can Legally Deny Leave:

• Short notice from the employee.

• High season or peak demand period, during which multiple staff are unavailable.

• Staffing conflicts, e.g. too many employees requesting leave at the same time.

• Critical business needs, such as deadlines, project launches, or emergencies.

• Non-compliance with the company leave procedures or policy is not followed.

Importantly, employers cannot force employees to take leave, even during holidays or shutdowns, unless this has been previously agreed in writing or stated in the employment contract. Both the Ministry of Human Resources and the Industrial Court have reaffirmed this prohibition, emphasizing that leave must be granted at the employee's discretion—not enforced by the company.

 

HR teams and employers must understand both statutory and discretionary leave reasons when managing employee leave requests in Malaysia. A well-designed leave policy—balanced with statutory minimums and flexible options—supports compliance, staff well-being, and long-term retention.

For legal accuracy, refer to the Employment Act 1955 (Act 265) and official updates under the 2022 amendment.
 

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Reference: 
https://legaladvice.com.my/leave-entitlement
https://remotepeople.com/countries/malaysia/employee-benefits
https://www.payrollpanda.my/help/what-are-the-leave-entitlements-under-the-employment-act
https://www.info-tech.com.my/blog/maternity-and-paternity-leave-in-malaysia
https://www.centralhr.my/types-of-leave-in-malaysia
https://www.skuad.io/leave-policy/malaysia
https://www.payrollpanda.my/article/unpaid-leave-malaysia
https://www.payrollpanda.my/labour-laws/malaysia-leave-laws
https://www.synergy-outsourcing.com/post/annual-leave-in-malaysia
https://www.therakyatpost.com/news/2025/01/14/remember-your-boss-cannot-force-you-to-take-annual-or-unpaid-leave-for-cny
https://www.omnihr.co/blog/annual-leave-entitlement-malaysia