Are Part Time Workers Entitled to Sick Pay in Malaysia?

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In the dynamic landscape of modern employment, part-time work has become increasingly common in Malaysia. Many individuals choose to work part-time due to its flexibility, allowing them to balance work with other commitments. However, a burning question for both employees and employers alike is are part-time workers entitled to sick pay in Malaysia?

In this comprehensive article, we will delve into the legal aspects of part-time employment in Malaysia and explore the rights of part-time workers, particularly when it comes to sick pay. Let’s get started!

What is Part-Time Law in Malaysia?

What is Part-Time Law in Malaysia?

To gain a clearer understanding of part-time employment in Malaysia, we can refer to the Employment Act 1955, which provides a definition of a part-time job in the Malaysian context. According to this legislation, a part-time job occurs when an individual enters into an employment contract or a service-based contract with an employer over a specific time period. Furthermore, part-time employment is characterised by work hours that exceed 30 percent, but do not surpass 70 percent of regular work hours, which typically amount to 48 hours per week.

This definition sheds light on the parameters of part-time employment in Malaysia, helping individuals and employers distinguish between part-time and full-time roles. It’s important to note that the Employment Act 1955 primarily focuses on the rights and responsibilities of full-time employees, leaving certain ambiguities in the legal framework surrounding part-time work. As such, principles and legal precedents have emerged to address the unique circumstances of part-time employment in Malaysia.

Read more: Type of Allowances for F&B Employees in Malaysia

Are Part-Time Workers Entitled to Sick Pay in Malaysia?

In the context of part-time employment in Malaysia, it’s crucial to examine the specific regulations governing sick pay entitlement. These regulations provide clarity on the rights of part-time workers in terms of paid sick leave. According to the Employment Act 1955 regulations, a part-time employee in Malaysia is entitled to paid sick leave based on their length of continuous service with the same employer. The duration of paid sick leave is as follows:

  1. If a part-time employee has been employed by the same employer for a period of less than two years, they are entitled to not less than ten days of paid sick leave for every twelve months of continuous service.
  2. For part-time employees who have been employed by the same employer for a period of two years or more but less than five years, the entitlement increases to not less than thirteen days of paid sick leave for every twelve months of continuous service.
  3. Part-time employees who have served the same employer for five years or more are entitled to not less than fifteen days of paid sick leave for every twelve months of continuous service.

These regulations provide a clear framework for part-time employees to understand their sick leave entitlements based on their length of service. It’s important to note that these entitlements are granted on the condition that the part-time employee is unable to work due to illness. However, it’s essential to be aware of certain limitations regarding paid sick leave for part-time workers.

According to the regulations, a part-time employee is not entitled to paid sick leave on their nonworking days. This means that if an individual’s illness occurs on a day when they are not scheduled to work, they would not be eligible for paid sick leave for that day. Additionally, part-time employees are entitled to receive paid sick leave at their ordinary rate of pay. This ensures that they do not face financial hardships when they need to take sick leave.

Furthermore, it’s essential for employers to comply with these regulations. Failure to pay a part-time employee sick leave pay as specified under the regulations constitutes an offence. Employers who do not fulfil their obligations in this regard may be liable to a fine, with the maximum penalty set at ten thousand ringgit.

Read more: Basic Salary in Malaysia and Its Regulations

What Other Benefits Are Part-Time Employees Entitled to?

In addition to sick pay entitlements, part-time employees in Malaysia may have the opportunity to enjoy various other benefits and rights that enhance their working conditions. Let’s explore some of these key benefits:

1. Payment of Hourly Rate Beyond Normal Hours of Work

Part-time employees are often compensated on an hourly basis. When their work extends beyond the normal hours stipulated in their employment contracts, they may be entitled to receive overtime pay. Overtime pay typically involves a higher hourly rate, providing additional compensation for the extra hours worked. This ensures that part-time workers are fairly remunerated for their time and effort.

2. Holidays

Part-time employees in Malaysia, like their full-time counterparts, are generally entitled to take public holidays off with pay. However, the specific conditions governing holiday entitlement may vary depending on the employment agreement. It’s essential for part-time workers to refer to their employment contracts or company policies to understand their rights regarding holidays and holiday pay.

3. Annual Leave

While the Employment Act 1955 primarily addresses annual leave for full-time employees, part-time workers may also be entitled to annual leave, depending on their employment contracts and the number of hours they work. The exact number of annual leave days may vary, and it’s important for part-time employees to consult their contracts to ascertain their annual leave entitlement.

4. Rest Day

Part-time employees, like full-time workers, are entitled to rest days as mandated by the Employment Act 1955. The Act stipulates that employees should have at least one rest day per week. The specific day and conditions for rest days may be outlined in the employment contract or company policies.

Read more: Can Employee Refuse to Work Overtime in Malaysia?

These benefits and rights are essential components of part-time employment in Malaysia, ensuring that part-time workers are treated fairly and in accordance with employment laws. It’s important for both employers and employees to be aware of these entitlements to promote a positive and compliant working environment.

As the employment landscape continues to evolve, managing part-time employees efficiently is crucial for businesses. To help streamline your leave management processes and ensure compliance with employment laws, consider exploring StaffAny’s leave management system. StaffAny is designed to simplify employee scheduling and leave management, making it easier for employers to maintain fair and compliant employment practices while ensuring part-time workforce is well taken care of. To discover how StaffAny can benefit your business, contact us today!

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