HOSPITALIZATION LEAVE ENTITLEMENTS AND CALENDAR DAY CALCULATIONS
Jan
Date: 8.1.2025
This digital podcast examines a Malaysian Industrial Court case that clarifies how hospitalization leave should be calculated under the Employment Act 1955. The ruling confirms that medical leave entitlements are measured by calendar days, meaning that weekends and public holidays are included if they fall within a continuous period of illness. In this specific case, the court rejected a claim of constructive dismissal, determining that the employer acted lawfully when it deducted excess leave from an employee’s annual balance to ensure full salary payment. The judge emphasized that consistent company practice and specific language in the employee handbook serve as critical legal protections for businesses. Ultimately, the decision highlights that because medical certificates specify continuous dates, the law views the leave as a uninterrupted block of time rather than a series of individual working days.
