Understanding Sick Leave Entitlements Under Section 60F of the Employment Act
Sick leave is an important benefit that ensures employees can recover from illness without the added stress of losing income. In Malaysia, the Employment Act 1955 outlines these entitlements under Section 60F, covering both regular sick leave and hospitalization leave.
Whether you’re an employer or employee, knowing your rights and obligations helps avoid misunderstandings and keeps workplace relationships healthy. Here’s a breakdown of what the law says.
Sick Leave and Hospitalization Entitlements
1. Sick Leave Without Hospitalization
Employees are entitled to paid sick leave when hospitalization is not necessary. The entitlement depends on the length of employment:
- 14 days – For employees who have worked for less than 2 years
- 18 days– For employees with 2 years or more but less than 5 years of service
- 22 days– For employees with 5 years or more of service
2. Hospitalization Leave
Hospitalization leave entitlement is up to 60 days per year. This is in addition to the normal sick leave allowance.
- Example: If you have 14 days of regular sick leave and 60 days of hospitalization leave, the total possible leave could be up to 74 days (if certified by a doctor).
3. Dental Leave is Included
Dental sick leave is considered part of your sick leave entitlement. If your dentist certifies you unfit for work, it counts as valid sick leave.
4. When Sick Leave Becomes Hospitalization Leave
If a doctor certifies your condition as requiring hospitalization, the leave is considered hospitalization leave for the purposes of Section 60F.
5. Exceptions – When Paid Sick Leave is Not Applicable
Employees are not entitled to paid sick leave in the following situations:
- While receiving maternity allowance
- While receiving compensation for loss of ability due to a workplace accident
6. Reporting Sick Leave – Your Responsibility
Employees must inform or attempt to inform their employer within 48 hours from the start of the sick leave. Failure to do so may be treated as absent without permission.
Why This Matters for Employers and Employees
Understanding Section 60F helps:
- Employees use their leave rights responsibly
- Employers manage compliance and avoid disputes
- HR teams maintain accurate records and smooth operations
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