Dismissed While On Medical Leave?
You were let go while on medical leave, and you are unsure whether that was fair.
Being let go while unwell adds a particular kind of unfairness on top of the dismissal itself. This page looks at when a medical-leave dismissal can be challenged, and how it differs from a genuine abandonment case.
Can you be dismissed while on medical leave?
Being on genuine, certified medical leave is not, on its own, a fair reason to end your job. Your employer still needs a real cause, and a process that gives that reason meaning.
A dismissal that arrives while you are recovering, with little explanation, is exactly the kind of situation worth questioning rather than accepting quietly. The timing itself is often the first thing worth writing down.
What is the difference between genuine leave and “abandonment”?
Some employers describe a dismissal as the employee having abandoned the job, usually meaning an unexplained absence with no notice. A properly issued medical certificate, submitted the way your workplace normally expects, is a direct answer to that claim.
Keeping a record of when and how you submitted your leave matters as much as the certificate itself, since it shows the process was followed, not ignored.
Who has to prove the dismissal was fair?
The same rule applies here as in any unfair dismissal case. Your employer carries the burden of proving a genuine reason, not you.2
That burden includes showing your absence was not properly explained, if that is the claim being made against you. It is not your job to disprove the allegation first.
Does my salary or contract change this protection?
No. Since the Employment Act was amended in 2022, most of its protections apply to all employees regardless of wage, and unfair dismissal protection under Section 20 works the same way.3
Whether you earn a modest salary or a high one, the process and the deadline ahead of you are the same. Neither your contract type nor your pay grade lowers that standard.
What to do this week
Gather your medical certificates, any proof they were sent to your employer, and messages about your leave or your expected return date. None of this needs to be perfectly organised, just kept together.
When you are ready, and within 60 days of your dismissal, work out your exact deadline so it is settled while you focus on recovering.1
Being unwell should not cost you the chance to question how this was handled, so take the time you need for your health first. When you are ready, tell us your dismissal date and what your medical leave looked like, and we can help you see where you stand.
Common questions
Can my employer dismiss me just for being on medical leave?
Being on genuine, certified medical leave is not, by itself, a fair reason to end your job. Your employer still needs a real cause and a fair process, the same as with any other dismissal.
What if my employer says I abandoned my job?
An abandonment claim usually rests on being absent without a genuine reason and without proper notice. A valid medical certificate, submitted the way your workplace normally expects, changes that picture significantly in your favour.
Does the 60-day deadline still apply if I was unwell during that time?
Yes, the deadline still runs regardless of your health. If you are not able to act on it yourself right away, it helps to have someone close to you gather the paperwork while you recover.
Am I still covered if I earn a high salary or my MC was long?
Yes. Unfair dismissal protection does not shrink because of your salary or how long your medical leave lasted, as long as the leave itself was genuine and properly documented.
What evidence matters most in this kind of case?
Your medical certificate, proof it reached your employer, and any messages about your leave or your return. Together they show what actually happened, rather than what a termination letter later claims.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause and excuse for a dismissal rests with the employer, not the employee, once the claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Employment Act 1955 was amended in 2022, coming into force on 1 January 2023, most of its protections cover all employees regardless of wage, with only Part XII items such as overtime limited to those earning up to RM4,000 a month. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
Being unwell should not cost you the chance to question how this was handled, so take the time you need for your health first. When you are ready, tell us your dismissal date and what your medical leave looked like, and we can help you see where you stand.