Dismissed While On Medical Leave
You were still recovering on medical leave when the termination letter arrived.
You were following doctor’s orders, resting and recovering, when a letter arrived telling you your employment had ended. You were still unwell when you read it.
Dismissing someone while they are on legitimate medical leave, without a fair and unrelated reason, raises serious questions connected to unfair dismissal under Malaysian employment law.
Can my employer dismiss me while I am on MC?
An employer cannot simply use medical leave itself as the reason for dismissal. There must be a genuine, separate cause, properly explained and applied consistently.
A dismissal that arrives exactly when your medical certificate was submitted, or shortly after a long illness, deserves close scrutiny of the stated reason against the real timing.
What if my employer says my absence was the problem?
Ask, in writing, for the specific policy or rule they relied on, and whether that same rule has been applied to other staff on medical leave.
Compare the length and nature of your leave against what your employment contract or the company handbook says about sick leave entitlement.
Who has to justify a dismissal timed like this?
Your employer carries the burden of proving there was just cause or excuse for the dismissal, separate from the fact that you were unwell1.
Medical certificates, appointment records, and any prior discussion about your condition with HR all help build a clear picture of what actually happened.
How long do you have to challenge it?
You have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations2.
If a claim succeeds, remedies can include reinstatement or back wages capped at twenty four months for a confirmed employee and twelve months for a probationer3.
What should you do this week?
Gather every medical certificate, doctor’s letter, and any message you sent your employer updating them on your condition.
If your dismissal came right after childbirth or a pregnancy related leave rather than an illness, read about being dismissed during pregnancy, and use the deadline calculator to track your sixty days.
Sharing your medical certificates alongside the dismissal letter helps a lawyer see how closely the timing lines up.
Common questions
Is there a limit on how much medical leave protects my job?
The Employment Act sets out paid sick leave entitlement depending on your years of service, and using that entitlement should not itself be treated as misconduct. Long term illness beyond entitlement is more complex and worth discussing with a lawyer.
What if my employer says the company could not wait for my recovery?
Business need is a real consideration, but it still has to be shown genuinely and cannot simply excuse a difficult medical situation. Ask for specifics about why your role could not be held open.
Does it matter if my MC came from a government or private clinic?
A properly issued medical certificate from a registered doctor is generally valid regardless of whether the clinic is government or private. Keep the original or a clear copy either way.
Can I ask my employer for the real reason in writing?
Yes, a calm, written request for the specific reason behind your dismissal is reasonable and creates a useful record. Their answer, or their silence, both become part of the evidence a lawyer can review.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
Sharing your medical certificates alongside the dismissal letter helps a lawyer see how closely the timing lines up.