Section 71
Annual leave
(1)
An employee who has served an employer for a period of not less than 3 months shall be entitled to —
(a)
paid annual leave of 7 days in respect of the first 12 months of continuous service with the same employer; and
(b)
an additional one day’s annual leave for every subsequent 12 months of continuous service with the same employer, subject to a maximum of 14 days of such leave, which shall be in addition to the rest days, public holidays and sick leave to which the employee is entitled under sections 63, 70 and 72 respectively.
(2)
An employee who has served an employer for a period of not less than 3 months but who has not completed 12 months of continuous service in any year shall be entitled to annual leave in proportion to the number of completed months of service in that year.
(3)
In calculating the proportionate annual leave under subsection (2), any fraction of a day which is less than one-half of a day shall be disregarded and where the fraction of the day is one-half or more it shall be regarded as one day.
(4)
Where an employee is granted leave of absence without pay by the employer at the request of the employee, the period of the leave shall be disregarded for the purpose of computing continuous service under this section.
(5)
An employee shall forfeit his entitlement to annual leave if he absents himself from work without the permission of the employer or without reasonable excuse for more than 20 per cent of the number of working days in the months or year, as the case may be, in which his entitlement to such leave accrues.
(6)
The employer shall grant and the employee shall take such annual leave not later than 12 months after the end of every 12 months continuous service and any employee who fails to take that leave by the end of such period shall thereupon cease to be entitled thereto.
Employment 54
(7)
The employer shall pay the employee his gross rate of pay for every day of such annual leave and if an employee has been dismissed otherwise than for misconduct before he has taken that leave, the employer shall pay him his gross rate of pay in respect of every day of that leave.
(8)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, fix the periods when and prescribe the manner in which, annual leave shall be granted to employees in different types of employment or in different classes of industry.