As year-end approaches, many factory workers want to apply for leave to go home. But how many days are you actually entitled to? This article summarises the Employment Act 1955 (Act 265), which applies in Peninsular Malaysia, including Johor. This is general information, not legal advice. Your contract may give more than these minimums, but not less.
Information as of 6 Nov 2026.
What to do / who to call
| Situation | Action | |---|---| | Want to know how many days you get | Check your contract and payslip, then compare with the tables below | | Employer refuses leave you are entitled to | Ask HR for a written explanation, then file a complaint with the Labour Department (JTK). See wage complaints and rights at JTK Johor Bahru | | You are sick | See a registered doctor and keep your medical certificate (MC). For hospitals, see foreign worker falls sick in Johor | | Working on a rest day or public holiday | See the pay rates in overtime, rest day and public holiday pay |
Who is covered
The Employment Act applies to Peninsular Malaysia only. Work in Johor, including Senai and Kulai, falls under it. Under the Act's First Schedule, workers doing manual labour are covered regardless of how much they earn. The Act also has a dedicated part on foreign employees, defined as employees who are not citizens. Sabahans and Sarawakians working in Johor factories work in Peninsular Malaysia, so these basic rights apply to them too. Sabah and Sarawak have their own labour laws for work there.
Annual leave (Section 60E)
| Length of service with the same employer | Paid annual leave per year | |---|---| | Less than 2 years | 8 days | | 2 years to under 5 years | 12 days | | 5 years or more | 16 days |
If you have not completed 12 months in the year your contract ends, leave is calculated by completed months. Leave must be taken within 12 months after each 12 months of service or the entitlement lapses, unless you agree in writing to be paid in lieu at your employer's request. The employer pays your ordinary rate of pay for each day of annual leave.
Sick leave (Section 60F)
| Length of service | Paid sick leave per year (no hospitalisation) | |---|---| | Less than 2 years | 14 days | | 2 years to under 5 years | 18 days | | 5 years or more | 22 days |
If a doctor certifies that hospitalisation is needed, the entitlement is up to 60 days a year. Sick leave follows an examination by a registered doctor appointed by the employer (at the employer's expense) or another doctor if the panel doctor cannot be reached within a reasonable time. The government portal malaysia.gov.my shows a different middle-tier figure (16 days), but the text of Act 265 on the JTK website says 18 days, so we follow the Act.
Working hours, rest day and public holidays
- Working hours: normally not more than 45 hours a week (Sections 60 and 60A, 2022 amendment). For shift work, the three-week average must not exceed 45 hours a week (Section 60C).
- Rest day: at least one whole day a week (Section 59).
- Paid public holidays: 11 days a year, including National Day, the Yang di-Pertuan Agong's birthday, the state Ruler's birthday, Workers' Day and Malaysia Day (Section 60D). If a public holiday falls on a rest day, the next working day becomes a paid holiday instead. See the 2027 Johor public holidays calendar.
Female employees are entitled to at least 98 consecutive days of maternity leave (Section 37).
Common mistakes
- Not keeping the MC. Without a doctor's certificate, sick days may not count as paid leave.
- Not taking leave within 12 months. The entitlement can lapse.
- Taking leave without permission. The Act has provisions for absence without permission of more than 10% of working days.
- Not knowing your length of service. Count how long you have worked for the same employer, because it decides your days.
Looking for a room in Senai?
If you are looking for a worker room near your factory in Senai, see our current rooms and pricing or WhatsApp +60 12-708 8789 (https://wa.me/60127088789) to check availability.
FAQ
How many days of annual leave do factory workers get? Under Section 60E of the Employment Act 1955: 8 days if under 2 years of service, 12 days if 2 to under 5 years, and 16 days if 5 years or more.
How many days of paid sick leave? Under Section 60F: 14, 18 or 22 days a year depending on length of service, and up to 60 days if hospitalised.
Do foreign workers get this leave? The Act defines a foreign employee as an employee who is not a citizen and has a dedicated part on them. Manual workers are covered regardless of wage. If in doubt, ask JTK.
Are Sabahans working in Johor covered? Yes, because the Employment Act applies to work in Peninsular Malaysia.
Sumber / Sources
- JTKSM, Employment Act 1955 (Act 265), PDF text (accessed 6 Nov 2026)
- RinggitPlus, Your pay, leave and overtime rights in 2026 (9 Jul 2026) (accessed 6 Nov 2026)
- PayrollPanda, Leave entitlements under the Employment Act (accessed 6 Nov 2026)
- malaysia.gov.my, Employment Act 1955 (Amendment) 2022 (accessed 6 Nov 2026)
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