Malaysia MC leave guide 2026
Learn how medical leave works in Malaysia, including paid sick leave entitlement, hospitalisation leave, medical certificates and common employment questions.
Key Takeaways
Check Your Medical Leave Entitlement
Estimate your outpatient sick leave and understand how the separate 60-day hospitalisation entitlement applies.
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What Is MC Leave?
MC leave is paid sick leave given when an employee is medically unfit for work and the absence is properly certified under the Employment Act.
It is separate from annual leave and unpaid leave. Since 1 January 2023, ordinary paid sick leave and paid hospitalisation leave are also treated as separate statutory entitlements.
Paid Sick Leave Entitlement in Malaysia
Where hospitalisation is not necessary, section 60F provides the following paid sick leave entitlement in each calendar year.
| Length of Service | Paid Sick Leave | Hospitalisation Leave | Total Potential Paid Sick Leave |
|---|---|---|---|
| Less than 2 years | 14 days | 60 days | 74 days |
| 2 years or more but less than 5 years | 18 days | 60 days | 78 days |
| 5 years or more | 22 days | 60 days | 82 days |
How the 60-Day Hospitalisation Leave Works
An employee is entitled to up to 60 days of paid sick leave in each calendar year where hospitalisation is necessary, as certified by the relevant registered medical practitioner, medical officer or dental surgeon.
The employee does not always have to be physically admitted into hospital. If the doctor certifies that the employee is ill enough to require hospitalisation but the employee is not hospitalised for any reason, the employee is still deemed to be hospitalised for section 60F purposes.
Actual Admission
Hospital admission supported by the relevant medical certification may qualify.
Deemed Hospitalisation
A doctor may certify that hospitalisation is medically necessary even where actual admission does not occur.
Separate Entitlement
The 60-day entitlement is separate from ordinary 14 / 18 / 22-day sick leave.
Calendar Year
The statutory entitlement is expressed in the aggregate for each calendar year.
Who Can Issue a Valid Medical Certificate?
Section 60F gives priority to a registered medical practitioner appointed by the employer. However, an employee may be examined by another registered medical practitioner or a medical officer where no panel doctor has been appointed or where the appointed doctor's services are not reasonably obtainable because of the nature or circumstances of the illness.
A dental surgeon can also certify paid sick leave under section 60F, subject to the same annual sick-leave and hospitalisation limits.
| Medical Provider | General Statutory Position |
|---|---|
| Employer-appointed registered medical practitioner | Yes — primary statutory route where appointed and reasonably available. |
| Other registered medical practitioner | Yes, where permitted — for example where no doctor is appointed or the appointed doctor is not reasonably obtainable. |
| Medical officer | Yes under section 60F. |
| Dental surgeon | Yes — dental-certified sick leave is included within the same statutory limits. |
The 48-Hour Notification Rule
A valid certificate alone is not the only statutory requirement. If an employee is on certified sick leave but does not inform or attempt to inform the employer within 48 hours from the commencement of the sick leave, the employee can be deemed absent without permission and without reasonable excuse for those days.
Is MC Leave Paid?
Yes. An employee on statutory paid sick leave is entitled to sick-leave pay at the ordinary rate of pay for each day of such leave.
For a monthly-rated employee, the employee is generally deemed to have received sick-leave pay if the normal monthly wages are paid without deduction for the sick-leave days.
MC Leave During Probation
Probation does not automatically remove statutory sick-leave entitlement. The Employment Act's sick-leave provisions apply based on employment and length of service, not confirmation status.
A probationary employee should still follow the valid-MC and 48-hour notification requirements. Genuine certified sick leave should be distinguished from performance or attendance concerns unrelated to the employee's legal entitlement.
MC Leave During Annual Leave or a Public Holiday
If an employee becomes entitled to statutory sick leave while already on statutory annual leave, the qualifying sick-leave days are treated as sick leave and the corresponding annual leave is deemed not to have been taken.
Similarly, if a paid public holiday falls within a period of statutory sick leave, the Employment Act requires another day to be granted as a paid holiday in substitution for that public holiday.
| Overlap Situation | General Statutory Treatment |
|---|---|
| Sick leave overlaps annual leave | Qualifying sick-leave days are not treated as annual leave days. |
| Paid public holiday falls during statutory sick leave | Another paid holiday must be granted in substitution. |
| MC on an ordinary working day | Recorded as paid sick leave if statutory conditions are met. |
Documents and MC Submission
Employers may set reasonable administrative procedures for receiving and recording medical leave, but the procedure should operate consistently with the statutory entitlement.
- Medical certificate issued by an eligible medical practitioner, medical officer or dental surgeon
- Hospitalisation certificate or admission document where relevant
- Supporting medical letter for deemed hospitalisation where relevant
- Employee notification to supervisor / HR within the statutory timeframe
- Company MC form or HR-system submission where required
Outpatient MC vs Hospitalisation Leave
| Item | Ordinary Sick Leave | Hospitalisation Leave |
|---|---|---|
| Annual entitlement | 14 / 18 / 22 days depending on service | 60 days |
| Main test | Certified medically unfit where hospitalisation is not necessary | Hospitalisation is medically necessary |
| Actual hospital admission required? | No | Not always — deemed hospitalisation may apply |
| Paid? | Yes, if statutory conditions are met | Yes, if statutory conditions are met |
Common MC Leave Examples
Example 1: Employee With 3 Years of Service
An employee with 3 years of service has 18 days of ordinary paid sick leave plus a separate 60 days of paid hospitalisation leave, giving up to 78 days of statutory paid sick leave in the calendar year if both types are properly applicable.
Example 2: Two Days of Outpatient MC
If the same employee takes 2 valid outpatient MC days, the ordinary sick-leave balance would reduce from 18 to 16 days. The separate 60-day hospitalisation balance is not automatically reduced.
Example 3: Doctor Says Hospitalisation Is Necessary
If a registered medical practitioner certifies that the employee is ill enough to need hospitalisation but the employee is not admitted for a particular reason, the employee can still be deemed hospitalised under section 60F.
Example 4: Late Notification
An employee has a valid MC but does not inform or attempt to inform the employer within 48 hours of the start of the sick leave. Section 60F allows the absence to be treated as absence without permission and reasonable excuse.
MC Leave vs Annual Leave vs Unpaid Leave
| Leave Type | Main Purpose | Paid? | Key Requirement |
|---|---|---|---|
| Medical Leave | Illness / medical incapacity | Yes, if eligible | Proper medical certification + notification |
| Annual Leave | Planned paid personal time off | Yes | Annual leave entitlement and leave approval |
| Unpaid Leave | Approved absence without salary | No | Usually depends on employer approval / policy |
Common MC Leave Mistakes
- Thinking the 60-day hospitalisation entitlement includes the 14 / 18 / 22 outpatient days.
- Assuming actual hospital admission is always required for hospitalisation leave.
- Failing to notify or attempt to notify the employer within 48 hours.
- Assuming probation means no statutory paid sick leave.
- Using annual leave for qualifying sick-leave days without checking the statutory overlap rule.
- Assuming any clinic certificate must automatically qualify without checking section 60F's medical-provider rules.
- Failing to retain medical documents or submit them through the required HR process.
- Treating a paid public holiday falling during statutory sick leave as simply lost.
Employee MC Leave Checklist
- Check whether your ordinary sick-leave band is 14, 18 or 22 days.
- Remember that hospitalisation leave is a separate 60-day entitlement.
- Use the employer-appointed doctor where reasonably available, or another permitted medical provider where section 60F allows it.
- Notify or attempt to notify the employer within 48 hours.
- Keep the MC, hospitalisation documents and submission record.
- Check whether annual leave or a paid public holiday overlaps with the sick-leave period.
- Review the payslip to ensure approved statutory sick leave was not deducted as unpaid leave.
Sources & Verification
This guide was last verified in August 2026 against section 60F of the Employment Act 1955 and the latest JTKSM FAQ on the separation of ordinary sick leave and hospitalisation leave.
JTKSM — Employment Act 1955, Section 60F
JTKSM — Sick Leave & Hospitalisation Leave Entitlement
JTKSM — Why the Two Entitlements Are Separate
Frequently Asked Questions
How many days of paid sick leave do employees get in Malaysia?
Employees are entitled to 14, 18 or 22 days of ordinary paid sick leave depending on length of service, plus a separate 60 days of paid hospitalisation leave where applicable.
Is the 60-day hospitalisation leave included in the 14 / 18 / 22 days?
No. Since the amendments effective 1 January 2023, hospitalisation leave is separate. Total statutory paid sick leave can therefore be 74, 78 or 82 days depending on service length.
Do I need to be admitted to hospital to use hospitalisation leave?
Not always. If the relevant doctor certifies that you are ill enough to require hospitalisation but you are not actually hospitalised for any reason, you are deemed hospitalised for section 60F purposes.
Can I use a non-panel doctor?
Section 60F allows another registered medical practitioner or medical officer where no employer-appointed doctor exists or the appointed doctor's services are not reasonably obtainable given the circumstances of the illness.
Can a dentist issue sick leave?
Yes. A dental surgeon may certify paid sick leave under section 60F, but the days remain within the same annual statutory sick-leave limits.
How quickly must I inform my employer about MC?
You must inform or attempt to inform your employer within 48 hours from the commencement of the certified sick leave. Otherwise, the absence may be deemed unauthorised under section 60F.
Is MC leave paid during probation?
Probation does not automatically remove statutory sick-leave entitlement. A probationary employee should still comply with the medical certification and notification requirements.
What happens if I get sick during annual leave?
If you become entitled to statutory sick leave during annual leave, the relevant sick-leave days are not treated as annual leave days.
What if a public holiday falls during my MC?
If a paid public holiday falls during a period of statutory sick leave, the Employment Act requires another paid holiday to be granted in substitution.
Can an employer deduct salary for valid statutory MC?
An eligible employee is entitled to paid sick leave at the ordinary rate of pay. A monthly-rated employee is generally deemed paid where normal monthly wages are paid without deduction for the sick-leave days.