Can an Employer Reject MC in Malaysia?
When employees fall sick, it is common practice to submit a medical certificate (MC) to justify their absence and claim paid sick leave. However, many employers in Malaysia still wonder:
👉 Do we have the right to reject an MC?
The answer is not as straightforward as many think. While employers have the responsibility to prevent abuse of sick leave, they must also comply with Malaysian employment law. Let’s take a closer look.
What the Law Says About Medical Certificates
Under the Employment Act 1955, employees are entitled to paid sick leave if:
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The MC is issued by a registered medical practitioner or a government doctor.
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The number of paid sick leave days depends on the employee’s length of service and whether hospitalization is involved.
In short:
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A valid MC from a recognized doctor must be accepted.
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Rejecting such an MC without legal grounds could expose employers to disputes or claims of non-compliance.
What About MCs from Non-Panel Clinics?
Many companies in Malaysia maintain a panel clinic system to streamline medical claims. But can employers reject MCs from non-panel clinics?
Here’s the important distinction:
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Legally, an employer cannot reject an MC solely because it comes from a non-panel clinic, provided it is issued by a registered medical practitioner.
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Practically, companies may encourage employees to use panel clinics for consistency, insurance coverage, and cost management.
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Rejection is only justifiable if the MC is proven invalid, fraudulent, or issued by someone not recognized under Malaysian law.
Situations Where an Employer Can Reject an MC
While most MCs should be accepted, rejection may be valid in limited circumstances:
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The MC is forged or falsified.
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It is issued by someone who is not a registered medical practitioner.
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There is clear evidence of abuse of sick leave (but employers must handle this carefully through due process and proper documentation).
Best Practices for Employers
To balance compliance and workplace discipline, employers should:
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Establish a clear sick leave policy – Specify panel clinic arrangements, submission procedures, and disciplinary measures for abuse.
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Communicate policies clearly – Ensure employees understand their rights and responsibilities regarding sick leave.
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Keep proper records – Maintain accurate documentation of all MCs and sick leave taken.
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Leverage technology – Use a digital leave management system to simplify approvals, store MCs, and prevent disputes.
Key Takeaway
In Malaysia, employers cannot reject a valid MC issued by a registered medical practitioner—even if it comes from a non-panel clinic. Employers may only reject an MC if it is proven fraudulent or invalid.
To stay compliant and avoid unnecessary conflicts, HR should ensure all MCs and sick leave requests are processed transparently and efficiently.
With Pandahrms, managing sick leave becomes simple and compliant:
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Employees can submit leave requests and upload MCs online.
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HR and managers can review and approve applications digitally.
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All sick leave records are automatically tracked and stored.
Frequently Asked Questions (FAQ)
1. Can an employer call the clinic to verify an MC?
Yes. Employers have the right to contact the clinic to confirm the authenticity of an MC, especially if there is suspicion of fraud. However, personal medical details cannot be disclosed without the employee’s consent.
2. What happens if an employee fails to submit their MC on time?
If an employee does not provide an MC within the required timeframe (commonly within 48 hours, or as stated in the company policy), the employer may treat the absence as unpaid leave.
3. Can employees be disciplined for abusing sick leave?
Yes. If there is clear evidence of abuse, employers may initiate disciplinary action. However, this must follow proper procedures such as issuing show-cause letters and conducting domestic inquiries.
