[Malaysia] Common practices for compassionate/bereavement leave

Compassionate leave, or bereavement leave, is a crucial employment benefit, allowing employees who are experiencing the loss of a family member to take essential time off. New Straits Times provides a breakdown of common practices for employees in Malaysia taking such leave. 

In Malaysia, the terms compassionate leave and bereavement leave are interchangeably used and refer to the same practice. Leave can be paid or unpaid and is dependent on terms outlined in a worker’s employment contract or detailed within the company's policy framework.

Common practices

There is reportedly no statutory entitlement for compassionate leave under Malaysia’s Employment Act, meaning companies are not legally required to provide compassionate or bereavement leave to employees.

It is, however, common practice for most companies to incorporate such clauses in employment contracts. Even where compassionate leave is not mentioned in any documentation, employers can still choose to grant it if requested by the employee.

In Malaysia, companies ordinarily offer two to five days of paid compassionate leave but this reportedly differs between employers.

The number of days for compassionate leave might vary depending on the employee's relationship to the deceased family member, with longer periods typically given for immediate family.

In general, the death of distant relatives such as aunts, uncles, cousins, or friends would not entitle employees to any compassionate leave.

Employment Hero highlights the fact that Malaysia is a multi-racial and multi-religious country, making it imperative to take into account the varying practices that different races and religions have and how this might impact the duration of each funeral or period of mourning.

In certain cases, employers may reportedly refuse to grant such leaves.

If the employee cannot produce any proof of death, such as a death certificate, the employer has the right to deny their request for compassionate leave. Employees can choose to utilise their annual leave or take unpaid leave if their request for compassionate leave is rejected.

Establishing a compassionate leave policy

According to Employment Hero, SMEs seeking to provide compassionate leave to their employees should consider drafting a policy to mandate compulsory compassionate leave.

Doing so can be seen as an investment into employees' well-being, benefiting both the company and employees in the long run.

A compassionate leave policy should reportedly include:

• The number of working days provided as leave
• The eligibility period of when the leave can be taken
• Whether leave is paid or unpaid, with room for extension
• The definition of an 'immediate family member' (spouse, parents, siblings, etc)
• Documentation proof (e.g. a death certificate), if required

Companies could opt to provide further compassionate leave for longer-serving employees.

Delegating the duties of the absent employee and maintaining clear communications with members of the team who might be impacted by their absence are among some other aspects to consider.

Source: New Straits Times

(via Employment Hero)

Compassionate leave, or bereavement leave, is a crucial employment benefit, allowing employees who are experiencing the loss of a family member to take essential time off. New Straits Times provides a breakdown of common practices for employees in Malaysia taking such leave. 

In Malaysia, the terms compassionate leave and bereavement leave are interchangeably used and refer to the same practice. Leave can be paid or unpaid and is dependent on terms outlined in a worker’s employment contract or detailed within the company's policy framework.

Common practices

There is reportedly no statutory entitlement for compassionate leave under Malaysia’s Employment Act, meaning companies are not legally required to provide compassionate or bereavement leave to employees.

It is, however, common practice for most companies to incorporate such clauses in employment contracts. Even where compassionate leave is not mentioned in any documentation, employers can still choose to grant it if requested by the employee.

In Malaysia, companies ordinarily offer two to five days of paid compassionate leave but this reportedly differs between employers.

The number of days for compassionate leave might vary depending on the employee's relationship to the deceased family member, with longer periods typically given for immediate family.

In general, the death of distant relatives such as aunts, uncles, cousins, or friends would not entitle employees to any compassionate leave.

Employment Hero highlights the fact that Malaysia is a multi-racial and multi-religious country, making it imperative to take into account the varying practices that different races and religions have and how this might impact the duration of each funeral or period of mourning.

In certain cases, employers may reportedly refuse to grant such leaves.

If the employee cannot produce any proof of death, such as a death certificate, the employer has the right to deny their request for compassionate leave. Employees can choose to utilise their annual leave or take unpaid leave if their request for compassionate leave is rejected.

Establishing a compassionate leave policy

According to Employment Hero, SMEs seeking to provide compassionate leave to their employees should consider drafting a policy to mandate compulsory compassionate leave.

Doing so can be seen as an investment into employees' well-being, benefiting both the company and employees in the long run.

A compassionate leave policy should reportedly include:

• The number of working days provided as leave
• The eligibility period of when the leave can be taken
• Whether leave is paid or unpaid, with room for extension
• The definition of an 'immediate family member' (spouse, parents, siblings, etc)
• Documentation proof (e.g. a death certificate), if required

Companies could opt to provide further compassionate leave for longer-serving employees.

Delegating the duties of the absent employee and maintaining clear communications with members of the team who might be impacted by their absence are among some other aspects to consider.

Source: New Straits Times

(via Employment Hero)