Sick Leave in Malaysia: Rules, Rights & HR Guide

 Key Takeaways

• Entitlement depends on years of service: Employees get 14 days (<2 years), 18 days (2–5 years), or 22 days (>5 years) of ordinary sick leave annually.

• Hospitalisation leave (up to 60 days) is a separate entitlement, completely in addition to an employee’s ordinary paid sick leave (14-22 days) under Employment (Amendment) Act 2022.

• MC requirements are strict: Only medical certificates from government hospitals, employer panel clinics, or any registered doctor (if the first two are unavailable) are valid.

• Submission timelines matter: The Act doesn’t fix an exact rule, but most employers require MCs to be submitted within 48 hours as part of HR policy.

• No MC = usually unpaid leave: Employers can reject unsubstantiated absences, and repeated abuse may trigger investigation, but not every case without MC is misconduct.

Employees in Malaysia are entitled to 14–22 days of paid sick leave per year, depending on years of service, and a separate entitlement of up to 60 days for hospitalisation.

Whether it’s a flu bug, dengue, or the aftermath of too much rendang, sick leave is your legal right, but how it works often leaves employees (and HR!) scratching their heads when it comes to payroll.

So before you panic-Google “how many MC days do I have left” while clutching your Panadol, let’s go through what the Employment Act says, how hospitalisation changes the rules, and what your boss can and can’t do when you’re genuinely unwell.

What Counts as Sick Leave in Malaysia?

Sick leave in Malaysia is paid leave granted when you’re unfit to work, with proof from a registered medical practitioner.

Sick leave (commonly called MC or medical certificate leave) is covered under the Employment Act 1955. To qualify, your MC must be issued by:

• A government clinic or hospital,
• A panel clinic appointed by your employer, or
• Any registered medical practitioner if the first two aren’t reasonably accessible.

Submission Timeline: The Employment Act does not fix an exact timeframe, but most companies require submission within 48 hours as part of their HR policy.

What if You’re Hospitalised?

If you’re admitted to a hospital (or if a doctor certifies that you should be), you’re entitled to hospitalisation leave, which is different from ordinary sick leave.

Remember: Under Employment (Amendment) Act 2022, these are separate entitlements. An employee gets their ordinary sick leave (14 days) AND the 60 days for hospitalisation.

How Many Days of Sick Leave Are Employees Entitled To?

Your sick leave entitlement depends on how long you’ve worked with your employer.

The Employment Act 1955 outlines minimum paid sick leave based on years of service, but employers can offer more in the contract or handbook. Here’s the breakdown:

Example: If you’ve worked for 3 years, you are entitled to 18 days of paid MC per year. If you are hospitalised, you have a separate entitlement of up to 60 days for that hospitalisation. 

This means you get the 18 days for non-hospitalisation sick leave in addition to the 60 days for hospitalisation.

These are statutory minimums. Your company can’t offer less, but can offer more if stated in your contract or collective agreement.

Watch Out for:

• Sick leave resets every calendar year (not work anniversary)
• Hospitalisation leave kicks in only with a certified admission or referral
• MCs must be submitted promptly, usually within 48 hours (check your company’s HR policy)

Don’t assume “MC = auto leave approved.” HR still needs that doctor’s note, even if it’s from Klinik 1Malaysia.

How to Claim Sick Leave Properly (So It Doesn’t Get Rejected)

A blurry selfie under a blanket or a picture of your thermometer at 39 degrees isn’t proof you deserve paid MC. To make sure your sick leave gets approved (and paid), follow this proper process:

What You Should Do:

• Inform your employer early: Ideally before the workday starts.
• Visit a registered clinic or panel doctor: Must be on the company’s approved list.
• Submit your MC within 48 hours: Late submissions might get rejected.

Keep a copy of your MC for your own records, especially if you sent it via WhatsApp or email.

What Not to Do:

• Don’t assume “I told my colleague” = proper notice
• Don’t submit MCs after the payroll cycle and expect instant payout
• Don’t treat “sick leave” as a mental health day without approval, get proper medical documentation

If you take sick leave without a valid MC, it is usually treated as unpaid leave. Employers may take disciplinary action if such absences become habitual, but not every case without MC amounts to misconduct.

What Counts as Misuse of Sick Leave (And Can HR Take Action?)

Faking illness, ghosting HR, or disappearing on a Friday MC? That’s where things get murky. Even with an MC, employers have the right to monitor sick leave patterns, especially if:

• You submit frequent MCs right before/after weekends or public holidays
• You’re tagged on social media looking suspiciously healthy during sick leave
• You disappear for more than 2 working days without notice (this can be seen as job abandonment)

If you’re genuinely unwell, you don’t need to panic. Just stay reachable and submit your MC on time. But if HR suspects malingering (faking illness), they may request a second opinion or even launch a formal inquiry.

“Employers can check with the clinic to verify an MC’s authenticity if they suspect abuse. While Section 60F entitles employees to leave, the verification practice comes from HR policies and industrial relations precedent, not the Act itself.”

What Happens If You Use Up All Your Sick Leave?

Used all 18 or 22 days of your MC for the year? Here’s what usually happens:

• If you have a valid MC: You may still request unpaid sick leave with your employer’s approval.
• No MC or not approved: It’s considered unpaid or unauthorised leave.
• You may also opt to use your annual leave, if your balance allows.

Legally, employers aren’t required to extend sick leave beyond your statutory or contractual entitlement unless you’re hospitalised.

Always check your employee handbook or union agreement, some companies offer extra compassionate or wellness leave.

Can You Take Sick Leave While Travelling or Overseas?

Yes, but with major caveats.If you’re on a work trip, MCs from local foreign clinics are usually accepted. But for personal travel, sick leave claims get tricky:

• You must visit a recognised medical practitioner (clinic or hospital abroad)
• Your MC should be written in English and include:
  • Clinic name & address
  • Doctor’s registration info
  • Diagnosis & rest duration
• Inform HR as soon as possible, ideally within 48 hours, even from overseas

Send a softcopy of your MC and boarding pass (if relevant) to help HR assess the legitimacy of your claim.

What If I Visit a Non-Panel Clinic? Will My MC Still Be Accepted?

Yes, but with conditions.

If your company has a panel clinic list, they usually prefer you to visit those. But the Employment Act 1955 still recognises all registered medical practitioners, even non-panel ones.

Here’s what to do:

• Visit any MOH-recognised private clinic, dentist, or government hospital
• Submit your MC with clinic stamp, doctor’s name, and rest period
• Let HR know why a panel clinic wasn’t accessible (emergency, after-hours)

Remember, employers cannot reject MCs without valid cause, especially if the clinic is legitimate and the MC is properly issued.

Read more: Maternity Leave in Malaysia: Rights, Benefits & Employer Duties

HR: How to Spot and Handle Sick Leave Abuse

Not every MC day is what it seems. But before you turn into Sherlock HR, here’s how to recognise real red flags, and what to do next.

Watch out for patterns like:

• MCs around Mondays, Fridays, or public holidays (be wary of long weekends)
• Frequent MCs from non-panel clinics (especially when panel is easily available)
• Vague or copy-paste reasons from the same clinic
• MCs right after payday or during crunch-time periods

Red flags don’t always mean foul play. It could be burnout, family issues, or genuine health problems.

 What Should HR Do Before Taking Action?

Don’t jump straight into disciplinary mode. Start here:

• Log all MC-related absences with dates, reasons, and doctor details
• Have a private, respectful conversation with the employee
• Offer support (EAP, flexible workdays, or medical referrals if needed)

Sometimes, what looks like abuse is just a cry for help, mental health, family stress, or chronic illness.

Can an Employer Terminate an Employee for a Fake MC?

Submitting a fake MC is serious misconduct under Malaysian labour law, but jumping the gun can also backfire legally.

Here’s what to do:

1. Call the clinic to verify the MC’s authenticity
2. Start a formal investigation (include HR, a witness, and records)
3. Let the employee explain and respond to the findings
4. Document everything, then proceed with disciplinary action if justified

If proven, termination may be lawful, but only if the process was fair and well-documented.

Conclusion: Keeping Sick Leave Policies Healthy

Sick leave should protect productivity, not create policy confusion. With the right structure, you can support unwell employees and stay compliant without drama.

At Accounting.my, we help Malaysian businesses:

• Set crystal-clear sick leave policies
• Automate MC tracking within payroll
• Stay compliant with the Employment Act 1955

Feeling sick about your HR process? Let’s fix it before it spreads, we’ve got an autocount payroll system for that.