Malaysia

In Malaysia, the Employment Act of 1955 governs vacation leave entitlements.

Annual Leave Entitlement

Employees with less than two years of service are entitled to 8 days of paid annual leave per year. Those who have been in service for two to five years are entitled to 12 days of paid annual leave per year. Employees with more than five years of service are entitled to 16 days of paid annual leave per year.

Pro-rated Leave

For employees who haven't completed 12 months of service, they are entitled to pro-rated annual leave. This is based on their length of employment, as per Section 60E (3) of the Employment Act 1955.

Usage and Forfeiture

Annual leave must be used within 12 months of the following entitlement period, or it will be forfeited, according to Section 60E (2) of the Employment Act 1955. Employers can allow carry-forward of unused leave, but this should be specified in the employment contract or company policy.

Malaysia, with its multicultural society, has a diverse calendar of public holidays. These holidays are classified into two categories: Federal Public Holidays and State Public Holidays.

Federal Public Holidays

Federal Public Holidays are observed nationwide and include:

• New Year's Day (January 1st)
• Chinese New Year (Two days)
• Federal Territory Day (February 1st - celebrated in Kuala Lumpur, Putrajaya, and Labuan)
• Birthday of the Prophet Muhammad (Maulidur Rasul)
• Labour Day (May 1st)
• Wesak Day
• King's Birthday (First Saturday of June)
• National Day (August 31st)
• Malaysia Day (September 16th)
• Awal Muharram (Islamic New Year)
• Deepavali (Except Sarawak)
• Christmas Day (December 25th)

State Public Holidays

In addition to the Federal Public Holidays, each state in Malaysia may have additional holidays based on local customs and celebrations.

Important Note: If a public holiday falls on a weekend, the following Monday typically becomes a substitute holiday.

In Malaysia, the Employment Act 1955 outlines several types of leave that employees are entitled to. These include annual leave, sick leave, maternity leave, and paternity leave. Additionally, some employers may offer other types of leave such as compassionate leave, marriage leave, and pilgrimage leave.

Annual Leave

Employees are entitled to a minimum annual leave based on their length of service:

• Less than 2 years of service: 8 days per year
• 2 to 5 years of service: 12 days per year
• More than 5 years of service: 16 days per year

Employees who have not completed 12 months of service receive pro-rated leave based on their length of employment. Annual leave must be used within 12 months of the following entitlement period to avoid forfeiture.

Sick Leave

The Employment Act 1955 (Section 60F) mandates the following sick leave entitlements:

• Less than 2 years of service: 14 days per year
• 2 to 5 years of service: 18 days per year
• More than 5 years of service: 22 days per year

Employees are also entitled to an additional 60 days of paid hospitalization leave per year, regardless of their length of service. Employers may require employees to provide medical certificates to justify sick leave or hospitalization leave.

Maternity Leave

The Employment Act 1955 (Section 37) mandates that female employees receive a minimum of 60 consecutive days of paid maternity leave. This entitlement is available to female employees regardless of their length of service or marital status.

Paternity Leave

The Employment Act (Amendment) 2022 grants eligible male employees 7 consecutive days of paid paternity leave for each child's birth, up to a maximum of five children within a marriage.

Other Types of Leave

While not explicitly mandated by law, many employers offer compassionate leave for situations like the death of a close family member. Some employers may also offer paid marriage leave. Pilgrimage leave (Hajj Leave) may be offered to Muslim employees for religious pilgrimage.

The provisions outlined above detail the minimum entitlements under Malaysian law. Employers may offer more generous leave provisions in their employment contracts or company policies.