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Malaysian employment law gives employees a legal right to annual leaves
So whether you're planning to balik kampung or going for a short vacation with your family, you have the right to request for one.
But, have you ever wondered if your employer can decide whether to accept or reject your annual leave? Here's what the Malaysian law says.
The Employment Act states that annual leave is to be granted at a time convenient to the employer
This means employers are legally allowed to manage leave schedules to ensure the business can continue operating smoothly.
For example, your employer may reject or postpone your leave if:
- Too many colleagues have already applied for the same dates
- The business is entering a peak period, such as festive sales or year-end reporting
- Your absence would significantly disrupt operations
- You failed to comply with the company's leave application procedures or notice requirements
This is why many organisations have blackout periods during major projects or busy seasons.
While employers have flexibility over scheduling, they cannot simply refuse employees' annual leave
Employers should ensure employees are able to take their entitled leave within the period allowed by law, rather than repeatedly rejecting every request without reasonable justification.
Likewise, an employee cannot contract out of the statutory minimum leave entitlement.
If an employee agrees in writing, they may be paid in lieu of annual leave if their employer asks them not to take it. On termination of employment, any accrued but unused annual leave must also be paid out.
If your employer consistently rejects your annual leaves, here's what you can do:
Start by reviewing:
- Your employment contract
- Your company's leave policy or employee handbook
- Any written reasons given for the rejection
It may also be worth raising the matter with HR first. Keep copies of your leave applications and any responses.
If the issue remains unresolved and you believe your statutory rights have been denied, you can seek advice from Jabatan Tenaga Kerja Semenanjung Malaysia or your local state department.
Annual leave is a statutory entitlement under Section 60E of the Employment Act 1955
This sets the minimum paid annual leave based on your length of service:
| Length of service | Minimum annual leave entitlement |
|---|---|
| Less than two years | 8 days |
| Two years to less than five years | 12 days |
| Five years or more | 16 days |
Many employers provide more generous leave benefits than the legal minimum, but they cannot provide less if you're covered by the Employment Act.
Since the Employment (Amendment) Act 2022 expanded the Act's coverage to almost all employees, these protections now apply much more broadly than they did previously.
In conclusion, your employer can legally reject your preferred leave dates if there are genuine operational reasons for doing so
What they cannot do is deny your statutory annual leave indefinitely or treat it as an optional employee benefit.
