Annual leave is a key employment benefit that allows employees to take time off from work for rest, leisure, and personal reasons while still receiving their regular salary. In Malaysia, annual leave entitlements are regulated by labor laws and individual employment contracts.
For HR departments, managing annual leave can be a time-consuming task, involving the calculation of entitlements, tracking leave balances, and occasionally resolving disputes over leave. Here’s everything you need to know about annual leave in Malaysia.
Annual Leave Entitlement in Malaysia
Under Section 60E of the Employment Act 1955 (EA), employees are entitled to paid annual leave based on their length of service:
- 8 days for every 12 months of continuous service if employed for less than two years.
- 12 days for every 12 months of continuous service if employed for two years or more but less than five years.
- 16 days for every 12 months of continuous service if employed for five years or more.
Prorating Annual Leave for an Incomplete Service Year
When an employee has not completed a full 12 months of service during the year in which their contract terminates, their annual leave entitlement should be prorated. This means that the leave is calculated based on the actual time worked within that year. Any fraction of a day less than half is disregarded, while a fraction of a day that is half or more is rounded up to a full day. For instance, new joiners or departing employees will have their leave prorated accordingly. If an employee joins mid-year and is entitled to 8 days of leave annually, they would receive 4 days of leave for that year.
To prorate annual leave, you can use a straightforward calculation based on the number of days worked in a year compared to the total days in the year (usually 365 days). Here’s how it works:
Prorated Leave Entitlement = (Number of Days Worked / Total Days in a Year) x Annual Leave Entitlement
Example 1: Prorating Annual Leave for New Employees
Suppose an employee is hired on July 1st, with an annual leave entitlement of 12 days. To calculate their prorated leave for the year:
- Number of Days Worked (from July 1st to December 31st) = 184 days
- Total Days in a Year = 365 days
- Prorated Leave Entitlement = (184 / 365) x 12 = 6 days
In this case, the employee would be entitled to 6 days of annual leave for the remainder of the year.
Example 2: Prorating Annual Leave for Departing Employees
If an employee resigns or leaves the company on September 15th and has an annual leave entitlement of 12 days, you can calculate their prorated leave as follows:
- Number of Days Worked (from January 1st to September 15th) = 259 days
- Total Days in a Year = 365 days
- Prorated Leave Entitlement = (259 / 365) x 12 = 8.52 days
You can round the prorated entitlement to the nearest whole day, which would result in 9 days. Thus, the departing employee is entitled to 9 days of annual leave for the year.
It’s essential to follow the Employment Act and any specific company policies when calculating and granting annual leave entitlements. Accurate record-keeping of leave balances and usage ensures compliance and fairness for all employees.
What Can Employees Do with Unused Leave?
Employees must use their annual leave within the 12-month period. If unused leave remains at the end of the year, the following options may be available:
- Carry Forward – Unused annual leave can be carried forward to the next year, depending on the employer’s policy.
- Encashment– Alternatively, the employer may pay the employee for the unused annual leave. This payment should be made at the employee’s ordinary rate of pay.
These options are not mandated by law and are subject to the employer’s discretion, as outlined in the employment contract or company policies. Employees are encouraged to plan their annual leave in advance, as leave approval is still subject to the company’s final decision.
Resigned Employees and Annual Leave
When employees resign with unused annual leave, there are two common options:
1. Offset the Notice Period
The unused annual leave days can be used to offset the employee’s notice period. For example, if an employee resigns with a 30-day notice period and has 7 days of unused leave, their last working day can be moved up by 7 days.
2. Encash Remaining Leave
Alternatively, the company may offer to encash the remaining annual leave balance. Employees on a monthly rate of pay receive their monthly wages without any reduction during the month in which they take annual leave.
Both options depend on company policies and what is stipulated in the employment contract or employee handbook.
Simplifying Leave Management with Pandahrms
As we’ve discussed, calculating annual leave can be complex, especially when factoring in other types of leave like sick leave, emergency leave, or parental leave. Pandahrms makes this process much easier by allowing companies to automate and customize leave calculations based on their specific policies. Employees can plan their leave and check their balances through Pandahrms’s online portal and mobile app, while managers can easily approve leave requests.
With Pandahrms, you can ensure that your leave management is accurate, efficient, and fully compliant with company policies, helping to streamline HR processes and reduce administrative burdens.
