Types of Leave in Malaysia: Annual, Sick, Maternity, Paternity & More

By SuperJobs Team

Quick Answer: Under Malaysia's Employment Act 1955, employees are entitled to 8–16 days of paid annual leave and 14–22 days of paid sick leave (based on years of service), up to 60 days of hospitalisation leave, 98 days of paid maternity leave, 7 days of paid paternity leave, and 11 paid public holidays a year. Emergency, compassionate, marriage and study leave are extras set by company policy, not law.

SuperJobs Insight: Leave policies vary widely between Malaysian employers — many companies listed on SuperJobs offer 12–18 days of annual leave to fresh hires, well above the statutory 8-day minimum. Benefits like this can be worth more than a few hundred ringgit of salary, so compare the whole package. Browse jobs and compare benefits →

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1. Annual Leave Entitlement by Years of Service

The Employment Act sets minimum paid annual leave based on how long you have served the same employer:

Years of Service	Statutory Minimum	Typical Market Practice
Less than 2 years	8 days/year	12–14 days
2 to 5 years	12 days/year	14–18 days
5 years or more	16 days/year	18–22 days

Key rules:

• Leave accrues proportionately in your first year — if you resign after 6 months, you are entitled to roughly half the annual quota.
• Unused statutory leave must either be carried forward, used, or paid out — it cannot simply vanish, and it must be paid out on termination.
• Your employer can require reasonable advance notice for applications, but cannot refuse leave indefinitely.

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2. Sick Leave and Hospitalisation Leave

With a medical certificate (MC) from a registered doctor or dentist, you are entitled to paid sick leave:

Years of Service	Sick Leave (no hospitalisation)
Less than 2 years	14 days/year
2 to 5 years	18 days/year
5 years or more	22 days/year

If hospitalisation is required, your entitlement rises to 60 days per year — and following the 2022 amendments, the 60 hospitalisation days sit on top of your ordinary sick leave. Check your company policy, which may be more generous.

MC rules: inform your employer within 48 hours, and an MC from any registered medical practitioner is valid — employers can prefer a panel doctor but cannot reject a genuine MC arbitrarily.

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3. Maternity Leave: 98 Days Explained

Since 1 January 2023, eligible female employees are entitled to 98 consecutive days of paid maternity leave — up from 60 days — for up to five surviving children.

The essentials:

• Leave can start up to 30 days before the expected delivery date.
• You qualify for full maternity allowance if employed in the 4 months before confinement and for at least 90 days during the 9 months before it.
• The 2022 amendments added a powerful protection: an employer cannot terminate a pregnant employee except for misconduct, wilful breach of contract, or business closure — with the burden of proof on the employer.

Maternity leave is paid at your ordinary rate and is separate from annual and sick leave.

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4. Paternity Leave: 7 Days for Fathers

The 2022 amendments introduced statutory paid paternity leave for the first time: 7 consecutive days, for up to five births. To qualify, a father must:

• Be married to the child's mother
• Have been employed by the same employer for at least 12 months before the birth
• Notify the employer at least 30 days before the expected delivery (or as early as possible)

Many Malaysian employers — particularly MNCs, banks and tech companies — now offer 14 to 30 days of paternity leave as a differentiator. It is worth asking about during your offer stage.

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5. Public Holidays, Replacement and Compensation

You are entitled to 11 paid gazetted public holidays per year. Five are compulsory:

1. National Day (31 August)
2. Malaysia Day (16 September)
3. The Yang di-Pertuan Agong's birthday
4. The State Ruler's/Governor's birthday or Federal Territory Day
5. Labour Day (1 May)

The remaining 6 are chosen by the employer from the gazetted list (and state holidays apply where gazetted). Other rules:

• If a public holiday falls on your rest day, the next working day becomes a paid holiday.
• If you are required to work on a public holiday, you are entitled to extra pay — effectively around 3 days' wages for eligible employees — or a replacement holiday where agreed.
• An MC on a public holiday means the holiday is not "used up".

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6. Emergency, Compassionate and Marriage Leave

Here's a surprise for many fresh grads: "emergency leave" does not exist in the Employment Act. It is simply annual leave taken at short notice, granted at the employer's discretion. Most reasonable employers accommodate genuine emergencies — but repeatedly using "EL" casually damages your credibility.

Company-discretion leave commonly offered in Malaysia includes:

• Compassionate/bereavement leave: typically 1–3 days for the death of an immediate family member
• Marriage leave: typically 1–3 days, once per employment
• Prolonged illness leave, haj leave, and birthday leave at progressive companies

These come from your employee handbook, not the law — read it during your first week so you know exactly what you're entitled to.

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7. Exam and Study Leave for Working Students

There is no statutory exam or study leave in Malaysia, but it is a common policy benefit — especially at employers that sponsor professional qualifications (ACCA, CFA, board exams, part-time degrees).

Typical arrangements:

• Exam-day leave: paid leave on the day(s) of the exam itself
• Study leave: 1–5 days before major professional papers, often tied to first attempts only
• Sponsorship packages: exam fees plus study leave in exchange for a service bond — read the bond clause carefully before signing

If you are a working student, negotiate study leave at the offer stage — it is far easier to secure it in your contract than to request it ad hoc later. Employers hiring through SuperJobs increasingly list study support in their benefits.

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8. Unpaid Leave, Sabbaticals and Career Breaks

When paid entitlements run out, unpaid leave is possible by mutual agreement — the employer is not obliged to grant it. Common uses: extended medical recovery, family caregiving, further study, or long travel.

Before taking extended unpaid leave, note that EPF and SOCSO contributions pause during unpaid months, annual leave accrual and increments may be pro-rated, and you should get the return date and role guarantee in writing.

Formal sabbaticals remain rare outside academia and some MNCs, but structured career-break and returnship programmes are growing — TalentCorp's Career Comeback initiatives being the best-known example. If you're planning a break, map the re-entry first with our career planner.

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9. Frequently Asked Questions

How many days of annual leave am I entitled to in Malaysia?

The Employment Act 1955 minimum is 8 days per year if you have served less than 2 years, 12 days for 2–5 years, and 16 days after 5 years with the same employer. Many Malaysian companies offer more — 12 to 18 days is common market practice even for junior roles.

How many days of maternity leave in Malaysia in 2026?

Eligible female employees are entitled to 98 consecutive days of paid maternity leave, applicable since 1 January 2023 under the amended Employment Act. It applies for up to five surviving children, and pregnant employees also enjoy strong protection against termination.

Is emergency leave a legal entitlement in Malaysia?

No. Emergency leave is not mentioned in the Employment Act — it is annual leave taken at short notice, approved at the employer's discretion. Genuine emergencies are usually accommodated, but your formal entitlements are annual leave, sick leave, hospitalisation leave, maternity/paternity leave and public holidays.

Berapa hari cuti sakit yang layak saya dapat di Malaysia?

Dengan sijil sakit (MC) daripada pengamal perubatan berdaftar, anda layak mendapat 14 hari cuti sakit berbayar setahun (perkhidmatan kurang 2 tahun), 18 hari (2–5 tahun) atau 22 hari (5 tahun ke atas). Jika dimasukkan ke hospital, kelayakan meningkat sehingga 60 hari setahun.

Can my employer reject my MC or force me to use annual leave when sick?

An employer cannot arbitrarily reject a genuine MC issued by a registered medical practitioner, and paid sick leave is a separate statutory entitlement — you should not be forced to burn annual leave for MC days within your sick leave quota. Persistent problems can be reported to JTKSM.

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Take the Next Step

• Compare employers and benefits → — See which Malaysian companies go beyond statutory leave
• Browse jobs on SuperJobs → — Filter for roles with the benefits that matter to you
• Check salary benchmarks → — Evaluate the full package, not just leave days
• Explore internships with proper terms → — Start your career with the right employer