Annual leave is one of the most important employee benefits in Malaysia. It allows workers to rest, spend time with family, and recharge from work. However, many employees are unsure how many days of annual leave they are entitled to, how leave is calculated, or what happens if leave is not taken.
Understanding annual leave entitlement in Malaysia helps you protect your rights and avoid losing valuable time off. This guide explains how annual leave works under Malaysian employment law, who is covered, and what both employees and employers need to know.
Annual leave is part of Malaysia employment law, which sets the minimum standards for employee benefits, working conditions, and fair treatment at work.
What Is Annual Leave in Malaysia?
Annual leave refers to paid time off that employees are entitled to each year. It is provided so workers can take breaks from work without losing their salary. Annual leave is separate from public holidays, sick leave, and other types of leave.
In Malaysia, annual leave entitlements are governed mainly by the Employment Act 1955.
Who Is Entitled to Annual Leave?
Annual leave rules under the Employment Act apply mainly to:
- Employees earning RM4,000 and below
- Manual workers regardless of salary
- Certain categories of workers specified by law
Employees earning above RM4,000 are still entitled to annual leave if it is stated in their employment contract.
Minimum Annual Leave Entitlement in Malaysia
The law sets the minimum annual leave entitlement based on length of service:
| Years of Service | Minimum Annual Leave |
|---|---|
| Less than 2 years | 8 days |
| 2 to 5 years | 12 days |
| More than 5 years | 16 days |
Employers are allowed to give more leave than this, but not less.
When Does Annual Leave Start Accruing?
Annual leave usually starts accumulating from the first day of employment. However, many employers require employees to complete a certain period, such as three or six months, before taking leave.
Can Employers Reject Annual Leave?
Employers can manage when leave is taken to ensure business operations run smoothly, but they cannot deny employees their legal annual leave entitlement.
Employers should:
- Allow leave to be taken within the year
- Not force employees to forfeit leave
Can Unused Leave Be Carried Forward?
Some employers allow unused leave to be carried forward to the next year. This depends on company policy and the employment contract. If an employee resigns, unused annual leave must usually be paid out.
What Happens to Annual Leave When You Resign?
When an employee leaves a job:
- Unused annual leave must be converted into cash
- Payment is based on the employee’s normal wage
This ensures employees do not lose their earned leave.
When unused leave is paid out, it becomes part of your final salary. You can better understand how this affects your total pay by referring to our complete salary guide in Malaysia.
Annual Leave During Probation
Employees on probation may still be entitled to annual leave, depending on their contract. Some employers allow pro-rated leave during probation.
What If My Employer Refuses to Grant Annual Leave?
If your employer refuses to provide annual leave:
- Check your employment contract
- Keep records
- Raise the issue with HR
- Lodge a complaint with the Labour Department
Final Thoughts on Annual Leave Entitlement in Malaysia
Understanding your annual leave rights helps you protect your well-being and work-life balance. Knowing the law ensures you do not lose out on benefits you are entitled to under Malaysian employment law.
🔹 FAQ SECTION
Annual Leave in Malaysia – Frequently Asked Questions
How many days of annual leave am I entitled to?
Between 8 and 16 days, depending on your length of service.
Does annual leave expire?
It depends on company policy, but unused leave may be carried forward or paid out.
Can employers force employees to forfeit leave?
No. Employees must receive their statutory leave.
Do probationary employees get annual leave?
Yes, depending on the contract.
What happens to unused leave when I resign?
It must be paid in cash.
