Navigating the Leave Landscape: A Comparison of Employment Act, Sabah Labour Ordinance, and Sarawak Labour Ordinance
For Malaysian employers and employees in East Malaysia, navigating leave entitlements can get confusing. The Employment Act (EA) 1955 is the primary legislation for most employees in Peninsular Malaysia, but things differ in Sabah and Sarawak. Here, we’ll unpack the key differences in leave policies between the EA and the Labour Ordinances of Sabah and Sarawak.
Types of leave
Both the Employment Act and the East Malaysian Ordinances offer similar types of leave, but with some variations in entitlement:
- Annual Leave:
- Employment Act, Sarawak Labour Ordinance & Sabah Labour Ordinance: Minimum 8 days per year, increasing with service duration.
- Sick Leave:
- Employment Act, Sarawak Labour Ordinance & Sabah Labour Ordinance: Minimum 14 days per year, increasing with service duration.
- Hospital Leave:
- Employment Act: 60 days with full pay.
- Sarawak Labour Ordinance & Sabah Labour Ordinance: 60 days with full pay, sick leave included.
- Maternity Leave:
- Employment Act: 98 days with full pay.
- Sarawak Labour Ordinance & Sabah Labour Ordinance: 60 days with full pay.
- Paternity Leave:
- Employment Act: 7 consecutive days.
- Sarawak Labour Ordinance & Sabah Labour Ordinance: Not applicable.
Important Note
This is a simplified overview. It’s crucial to refer to the specific provisions of the Employment Act, Sarawak Labour Ordinance & Sabah Labour Ordinance for detailed information and any recent amendments. By understanding these differences, employers and employees in Sabah and Sarawak can ensure compliance with the relevant labor regulations and plan leave schedules effectively.
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