Your service
These are the legal minimums. If your contract gives more, your contract applies.
Annual leave
Other leave
Leave under the Employment Act
Annual and sick leave rise with years of service with the same employer.
| Years with the employer | Annual leave, days a year | Sick leave, days a year |
|---|---|---|
| Less than 2 years | 8 | 14 |
| 2 to less than 5 years | 12 | 18 |
| 5 years or more | 16 | 22 |
Source: Employment Act 1955 (Act 265), sections 60E and 60F, JTKSM consolidated text.
- Hospitalisation: up to 60 days a year when a doctor certifies it is needed, in addition to sick leave.
- Maternity leave: 98 consecutive days. The maternity allowance has its own conditions in section 37.
- Paternity leave: 7 consecutive days for a married employee with at least 12 months with the employer, for up to five confinements.
- Leaving: in the year you leave, annual leave is in proportion to the completed months of service. Half a day or more counts as a day; less is dropped.
- Use it or lose it: annual leave must be taken within 12 months after each year of service, unless your employer asks you in writing not to take it and pays you instead.
Worked example: leaving mid-year
- Service: with 3 years of service, the minimum is 12 days of annual leave a year.
- Leaving after 5 completed months of the year: 12 × 5 ÷ 12 = 5 days.
- Sick leave: with 3 years of service, 18 days a year, plus up to 60 days if hospitalisation is needed.
Taking your leave
- Timing: annual leave dates are agreed with your employer, and leave should be taken within 12 months after the year it was earned.
- Sick leave: tell your employer within 48 hours and keep the medical certificate.
- The email: the leave application email template covers annual, sick and emergency leave.
Common questions
How many days of annual leave do I get in Malaysia?
At least 8 days a year for under 2 years with your employer, 12 days from 2 years and 16 days from 5 years, in addition to rest days and public holidays.
How is annual leave calculated when I resign?
For the last year of service, your leave is in proportion to the completed months. With 8 days a year and 7 completed months, that is 8 × 7 ÷ 12 = 4.67, so 5 days.
How many days of sick leave can I take?
14 days a year for under 2 years of service, 18 days from 2 years and 22 days from 5 years, with a medical certificate. Up to 60 more days a year when hospitalisation is needed.
Am I entitled to paternity leave?
Yes, 7 consecutive days, if you are married, have worked for the employer for at least 12 months, and told them of the pregnancy at least 30 days before the expected birth, or as early as possible after it.
Is unused annual leave paid out?
If you leave, leave due for the final months is pro-rated as shown above. Whether other unused leave is paid out or carried forward depends on your contract.
Sources
Employment Act 1955
- Employment Act 1955 (Act 265), JTKSM consolidated text: sections 37 (maternity), 60E (annual leave), 60F (sick leave) and 60FA (paternity). Copy kept in data/my/employment-act/raw. Checked 21 October 2026.