Employment Act · 2026 Revised Edition · Part · Rest Days, Hours of Work, Holidays and Other Conditions of Service
72. Sick leave
In plain English
Not legal advice
An employee with at least 6 months of service is entitled to paid sick leave after a medical examination at the employer's expense. Paid sick leave is capped at 14 days in each year, or 60 days in each year if hospitalisation is necessary. Uncertified sick leave counts as absence without the employer's permission or reasonable excuse.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
Any employee who has served an employer for a period of not less than 6 months shall, after undergoing a medical examination at the expense of the employer by a medical practitioner be entitled to paid sick leave not exceeding in the aggregate —
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
14 days in each year if no hospitalisation is necessary; or
60 days in each year if hospitalisation is necessary, as may be certified by the medical practitioner:
Provided that the Minister may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, by notification published in the Gazette, if he thinks that it is in the public interest to do so, fix a different period in respect of which any employee has served an employer for the purposes of this subsection, and the notification shall be effective until it is revoked by the
Minister.
Notwithstanding subsection (1), if an employee is hospitalised for less than 46 days in any one year, his entitlement to paid sick leave for that year shall not exceed the aggregate of 14 days plus the number of days on which he was hospitalised.
If an employee is certified by the medical practitioner to be ill enough to need to be hospitalised but is not hospitalised, the employee is deemed to be hospitalised for the purposes of this section.
medical practitioner
“medical practitioner” means a medical practitioner registered under the Medical Practitioners and Dentists Act;
An employee who absents himself on sick leave —
which is not certified by a medical practitioner; or
Employment
which is certified by a medical practitioner, but without him informing or attempting to inform his employer of such sick leave within 48 hours of its commencement, is deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
The employer shall pay the employee for every day of such sick leave —
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
where no hospitalisation is necessary, at the gross rate of pay excluding any allowance payable in respect of shift work; and
where hospitalisation is necessary, at the gross rate of pay.
Notwithstanding subsection (5), no employee shall be entitled to paid sick leave —
on a rest day or on a public holiday to which he is entitled under section 63 or 70;
on any day of paid annual leave;
on a day when he is not required to work under his contract of service; or
on a day when he is on leave of absence without pay granted by the employer at his request.
No employee shall be entitled to paid sick leave for the period during which he is receiving compensation for temporary incapacity under paragraph 3 of the Third Schedule to the Workmen’s Compensation Act
(Chapter 74).
Terms defined in s 2
contract of service
Defined · s 2“contract of service” means, subject to section 10, any agreement, whether in writing or oral and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve him as an employee, and includes a contract of apprenticeship;
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
gross rate of pay
Defined · s 2“gross rate of pay” means the total amount of money including allowances to which an employee is entitled under his contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his contract of service, or for each completed piece or task of work but does not include — (a) additional payments by way of overtime payments; (b) additional payments by way of bonus payments or annual salary supplements; (c) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (d) productivity incentive payments; and (e) travelling, food or housing allowances: Provided that in the case of employee on piece rates, the ordinary rate of pay shall be calculated by dividing the period of 14 days immediately preceding the day on which the rate of pay is required to be calculated by the number of days on which such employee actually worked during such period;
medical practitioner
Defined · s 2“medical practitioner” means a medical practitioner registered under the Medical Practitioners and Dentists Act;
shift work
Defined · s 2“shift work” means work which by reason of its nature requires to be carried on continuously by two or more shifts;
Part
Health, Accommodation and Medical Care
Part
Part-Time Employees
Part
Employment of Women
Part
Employment of Children and Young Persons
Part
Domestic Workers
Part
Immigrant Employees
Part
Repatriation
Part
Inspection
Part
Complaints and Inquiries
Part