Is Compassionate Leave Paid or Unpaid in Malaysia?

Is Compassionate Leave Paid or Unpaid in Malaysia

When a close relative dies or a serious personal crisis happens, employees ask one key question: Does compassionate leave come with pay in Malaysia? This ranks among the top leave-related queries for Malaysian employees and HR departments because the Employment Act 1955 doesn’t define compassionate leave. This leads to different benefits across businesses, sectors, and job agreements. This overview explains what this leave means, if it includes pay, how long it lasts, who can take it, and how Malaysian companies often handle it, based on real HR practices and what employees want to know.  

What Is Compassionate Leave?

Compassionate leave also known as bereavement leave or emergency personal leave, gives employees time off to handle serious personal or family issues:

  • Death of an immediate family member
  • Critical illness of a close relative
  • Family emergencies that need urgent attention

Unlike annual leave or sick leave, compassionate leave comes up and lasts a short time, given for humanitarian reasons rather than as a legal right.  

Is Compassionate Leave Paid or Unpaid in Malaysia?

Short answer: Company policy decides this. In Malaysia:

  • ❌ The Employment Act 1955 does not require employers to provide this leave
  • ❌ The Act does not specify if it should be paid or unpaid
  • ✅ Companies decide based on their HR policies, job contracts, or union agreements

What’s Common in Malaysia

Though the law doesn’t require it many Malaysian companies choose to offer paid time off for family emergencies as a good HR practice.

Practice Common Outcome
MNCs & large corporations Paid (2–5 days)
SMEs Paid or unpaid, case-by-case
Contract / probation staff Often unpaid
Unionised workplaces Paid (as per CBA)

 In reality paid leave for family emergencies has become standard especially for full-time employees.  

How Many Days of Compassionate Leave Are Given?

Companies in Malaysia don’t have a set number of days, but most follow similar guidelines.

Typical bereavement leave entitlement in Malaysia

Relationship Common Leave Duration
Spouse 3–5 days
Parents / Parents-in-law 3–5 days
Children 3–5 days
Siblings 1–3 days
Grandparents 1–3 days

 Some companies allow extra unpaid leave if employees need more time.

Who Is Eligible for Compassionate Leave?

Eligibility depends on company policy, but often includes:

  • Permanent employees
  • Employees who have finished probation
  • Employees facing immediate family emergencies

Part-time, seasonal, or temporary employees might get time off, but it’s unpaid unless their contract says otherwise. How to Apply for COMPASSIONATE LEAVE (Malaysia)  

What Are the Guidelines for Bereavement Leave in Malaysia?

Because bereavement leave isn’t required by law, the “guidelines” include:

  • The company might ask for proof (like a death certificate or hospital note)
  • This leave is for close family members
  • You can’t save up unused bereavement leave for later
  • You can’t exchange bereavement leave for money

Each company sets these guidelines for itself.  

What’s Another Name for Bereavement Leave?

Employees often look for different terms. Common alternatives include:

  • Bereavement leave
  • Emergency leave (informal usage)
  • Funeral leave
  • Special leave

However, “compassionate leave” and “bereavement leave” are the terms most often used in leave management Malaysia.  

Compassionate Leave vs Compensatory Leave (Comp Time)

Many employees confuse between these two leaves, but they are different.

Aspect Compassionate Leave Compensatory Leave
Purpose Personal emergency Time off for OT
Trigger Death / illness Extra hours worked
Legal status Non-statutory Policy-based
Paid? Usually yes Yes (time-off)

Compassionate Leave Policy Example (Malaysia)

Policy Element Typical Practice
Paid days 3 days
Eligible relatives Immediate family
Proof required Yes
Carry forward No
Encashable No

Who Qualifies for COMPASSIONATE LEAVE

Key Takeaway

In Malaysia compassionate leave is often paid — but not required by law. It’s mainly a benefit offered by companies influenced by workplace culture rather than rules. For employees always look at your job contract or company handbook. For companies, a clear policy on bereavement leave helps build trust and fairness when tough times hit.

Frequently Asked Questions

Does Malaysia pay for compassionate leave?

Malaysian law doesn’t require compassionate leave. The employer’s policy or job contract decides if it’s paid or unpaid.
Most companies in Malaysia give one to five days, based on how close the employee is to the family member.
No. The Employment Act 1955 doesn’t mention compassionate or bereavement leave.
By law, they can. But most companies allow it as part of good employees’ management., all data can be accessed at anytime, anywhere.