Hospitalization Leave: Do Weekends Count In Malaysia?

In Malaysia, employees are entitled to 60 days of paid hospitalization leave per calendar year. This is distinct from regular annual leave and includes the time length that a hospital doctor deems necessary for an employee to receive hospital care. This may include inpatient or outpatient surgery, bed rest, or further medical treatment after discharge. While the specifics of leave entitlements vary based on the length of employment, hospitalization leave is a mandatory requirement for employers to grant their employees.

Hospitalization leave is a type of sick leave

In Malaysia, hospitalization leave is a type of sick leave. Under the Employment Act 1955, employees are entitled to 60 days of hospitalization leave per year. This leave is meant to cover the time an employee needs hospital care or outpatient surgery, as well as any required bed rest or further medical treatment after discharge. It is important to note that hospitalization leave is separate from ordinary sick leave, and any sick leave taken will reduce the total 60 days of leave entitlement. For example, if an employee takes 10 days of sick leave, they will have 50 days left for hospitalization leave.

To be eligible for hospitalization leave, employees must be certified by a registered medical practitioner or doctor as being ill enough to require time off work. This certification process helps to ensure that employees are genuinely in need of leave and prevents the misuse of leave entitlements. Employers are allowed to take disciplinary action against employees who misuse their leave entitlements or provide false medical certificates.

Hospitalization leave is not limited to physical health issues but also extends to mental health reasons. This leave can be crucial for employees to rest and recover, preventing the spread of diseases in the workplace and promoting their well-being. Sick leave, in general, can be used for personal medical needs, family care or bereavement, and the care of a family member with a serious health condition. There is no limitation on the amount of sick leave that can be accumulated, and it is important for employees to feel comfortable discussing their health concerns without fear of repercussions.

In Malaysia, the amount of sick leave an employee is entitled to depends on their duration of employment. Employees with less than 2 years of service are entitled to 14 working days per year, those with 2 to 5 years of service are entitled to 18 working days, and employees with more than 5 years of service are entitled to 22 working days. These entitlements help to ensure that employees can take the necessary time off work to address their health needs without losing earnings.

Employees are entitled to 60 days of paid hospitalization leave per year

In Malaysia, employees are entitled to 60 days of paid hospitalization leave per calendar year. This is separate from sick leave and maternity leave, and it is provided when an employee requires hospital care. Hospitalization leave is meant to cover the length of time that a hospital doctor deems necessary for an employee to receive hospital treatment.

To avail of hospitalization leave, an employee must be certified by a registered medical practitioner or dental surgeon at the employer's expense. They must also inform their employer within 48 hours of the commencement of the leave. Sick leave pay is calculated at the employee's ordinary rate of pay for each day of sick leave. If the employee is on a monthly salary, the payment for sick leave is considered fulfilled upon receiving their monthly wages, without deductions for the days they were on sick leave.

The Employment Act (EA) 1955, as amended by the Employment (Amendment) Act 2022, outlines the minimum leave entitlements that employers must grant their employees. Since January 1, 2023, the sections of the EA relating to leave entitlements have applied to all employees, regardless of wages, except for domestic employees. It is important to note that the EA only applies to Peninsular Malaysia and the Labuan Federal Territory. Employment in Sabah and Sarawak is governed by separate ordinances.

In addition to hospitalization leave, employees in Malaysia are entitled to other types of paid leave, such as annual leave and public holidays. The amount of annual leave an employee is entitled to depends on their duration of employment. For instance, employees with less than two years of service are entitled to 8-14 days per year, while those with more than five years of service are entitled to 16-22 days per year. Furthermore, employees are entitled to paid leave on 11 gazetted public holidays, including Malaysia Day and Labour's Day.

Hospitalization leave includes inpatient and outpatient surgery

In Malaysia, hospitalization leave is a type of leave provided to employees when they are hospitalised due to illness, injury, or a medical condition that requires them to receive medical treatment and care in a hospital setting. This leave is distinct from regular sick leave and is typically granted when an employee's health condition is severe enough to necessitate hospitalisation. Hospitalisation leave can include both inpatient and outpatient surgery, as well as situations where an employee needs bed rest at home, such as due to pregnancy complications, or recovery time after being discharged from the hospital.

The Employment Act 1955 (EA) outlines that employees covered by the EA are entitled to a total of 60 days of paid sick leave per year, which includes both ordinary sick leave and hospitalization leave. Any sick leave taken will reduce the total 60 days, with the remaining balance available for hospitalization leave. For example, if an employee takes 10 days of sick leave, they will have 50 days left for hospitalization leave within the same year. This ensures that employees do not exceed the 60-day annual limit for all types of sick leave.

To qualify for hospitalization leave, employees must be certified by a registered medical practitioner, officer, or dental surgeon as being ill enough to require hospital care. Employers should have guidelines in place for requesting sick leave, which may include providing medical certificates or other relevant documentation to verify the need for leave. Additionally, companies may provide provisions for extending sick leave if an employee's condition requires additional time for recovery.

It is important for both employers and employees to be familiar with the legal requirements and company policies surrounding hospitalization leave to ensure compliance and foster a supportive work environment.

Employers can take disciplinary action for sick leave abuse

In Malaysia, the Employment Act 1955 ("EA") governs the main body of legislation surrounding employment law. Under the EA, all employees in Malaysia are entitled to paid sick leave after meeting specific employment duration criteria. The number of paid sick days varies depending on the employee's duration of employment: 14 days per calendar year for those employed for less than two years, 18 days for those employed for more than two years but less than five years, and 22 days for those employed for more than five years. Additionally, if hospitalisation is required, employees are entitled to up to 60 days of paid hospitalisation leave in a calendar year. It's important to note that maternity leave, hospitalisation leave, and ordinary sick leave are separate entitlements and should not be confused.

While sick leave is crucial for employee welfare, it is also essential to prevent its abuse. The Employment Act allows employers to take disciplinary action against employees who misuse their sick leave entitlements or provide false medical certificates. Employers can monitor sick leave usage, including dates, durations, and supporting medical documentation, to identify potential abuse. They can also request prospective employees to disclose relevant medical histories and undergo pre-employment medical check-ups to minimise excessive sick leave utilisation.

To ensure compliance and foster a healthy work environment, employers should clearly communicate their sick leave policies, eligibility criteria, and procedures for requesting and reporting sick leave. They should also regularly review and update their policies to reflect any changes in Malaysian employment laws or regulations. By adopting these best practices, employers can create a workplace culture that values employee well-being while maintaining productivity.

Additionally, employers can implement flexible work arrangements, such as remote work or adjusted schedules, to accommodate employees recovering from illnesses or managing chronic conditions. Promoting wellness programs and initiatives that prioritise preventive healthcare can also contribute to a healthy and engaged workforce.

In conclusion, while sick leave is a vital employee benefit in Malaysia, employers have the right to take disciplinary action to prevent its abuse. By balancing employee welfare with productivity considerations, employers can create a positive and efficient work environment.

Employees must be certified by a registered medical practitioner

In Malaysia, employees are entitled to paid sick leave if they have a valid medical certificate from a registered medical practitioner or dental surgeon. This certificate must state that the employee is too unwell to work and specify the duration of their sick leave. The certificate must also contain the following key details:

• Patient information: Full name, age, and contact information of the patient
• Diagnosis: A brief description of the illness or medical condition causing the absence from work
• Sick leave period: The start and end dates of the sick leave, along with the estimated recovery period
• Healthcare provider's details: The name, medical license number, contact details, and signature of the issuing doctor
• Employer information (optional): The employee's job title and workplace address, if required by the employer

Employees must be examined and certified by a registered medical practitioner or dental surgeon at the employer's expense. This ensures that the employee's absence is justified and not considered misconduct, which could potentially lead to dismissal. It is the employee's responsibility to inform their employer about their medical condition and provide the necessary documentation within 48 hours of the commencement of their leave.

It is important to note that sick leave, hospitalization leave, and maternity leave are separate entitlements. While sick leave is crucial, measures must be in place to prevent abuse. Employers can take disciplinary action against employees who misuse their sick leave entitlements or provide false medical certificates.

In summary, employees in Malaysia must be certified by a registered medical practitioner to avail of paid sick leave. This process helps protect the employee's rights and ensures a smooth and compliant sick leave management system.

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