What Is Compassionate Leave?
Compassionate leave is time off that allows an employee to step away from their duty during a serious personal loss or family emergency, most commonly the death of a close family member. Unlike annual leave, which is planned, this entitlement is meant for sudden, difficult situations where the employee needs space, time and support.
In Malaysia, this type of leave is usually set out in the company’s own policy rather than in the Employment Act. Employers determine the number of days to provide, whether it is paid or unpaid, and which relationships are covered, such as immediate family, close relatives, or other loved ones. Because practices differ, employees should always refer to their internal guidelines.
Table of Contents
- What Is Compassionate Leave?
- Why Does Compassionate Leave Matter?
- Is Compassionate Leave Required By Law In Malaysia?
- How Many Days Of Compassionate Leave Do Employers Usually Offer?
- Who Counts As Immediate Family For Compassionate Leave?
- When Should Employees Use Compassionate Leave Instead Of Annual Or Unpaid Leave?
- How Should Employees Apply For Compassionate Leave?
- How Can Employers Design A Compassionate Leave Policy That Balances Work And Support?
- Conclusion
- Frequently Asked Questions
Why Does Compassionate Leave Matter?
When someone close passes away or a serious crisis hit, most people are not thinking about forms or procedures. They are thinking about getting home, being with those closest to them and coping with grief or shock. Compassionate leave gives employees a short period where job pressure is reduced so they can focus on what truly matters.
Many employers in Malaysia already offer this support, sometimes called bereavement leave, but staff are often unsure what is covered or how to request it. Employers, on the other hand, must balance operations with genuine care for their teams during one of the most challenging moments in working life.
Is Compassionate Leave Required By Law In Malaysia?
Under the current Malaysian employment law, the Employment Act 1955 does not specify compassionate leave as a statutory entitlement for employees in the private sector. Most organizations choose to create their own compassionate leave framework in Malaysia as part of their overall time-off policy.
For many employers, providing this kind of support is both a humane practice and part of building a caring culture. When an employee experiences a death in the household or a major loss, a few days of entitled compassionate leave demonstrate that the company recognizes the impact of real life on work.
Because there is no fixed legal standard, HR should:
- Include clear terms in the handbook or leave policy
- Make sure managers understand the guidelines and apply them consistently
- Explain the entitlement during onboarding so employees know what help is available
How Many Days Of Compassionate Leave Do Employers Usually Offer?
There is no single correct answer, but many Malaysian employers provide a small number of days, especially for the death of an immediate family member.
| Situation | Example number of days | Example treatment |
| Death of closest family (such as spouse, child, parent) | 3 days | Leave with pay |
| Death of close relative (sibling, grandparent, parent-in-law) | 1 to 3 days | Leave with pay |
| Death of extended relative (aunt, uncle, cousin) | 1 day | With or without pay |
| Serious emergency without death | Case by case | Often other leave types |
Some organizations treat compassionate leave as entitled leave. Others grant a few days and then ask the employee to use other leave options, or if necessary, time off without pay, when more time is needed. The key is to set clear ranges, keep the practice fair across the organisation and allow some flexibility for exceptional situations.
When reviewing arrangements, many HR teams also look at what other compassionate leave Malaysia policies offer so they stay aligned with market expectations.
Who Counts As Immediate Family For Compassionate Leave?
Misunderstandings often arise because terms like “immediate family”, “family members” and “loved one” are not clearly defined.
A clear policy might, for example, state:
- Core family group: spouse, children, including adopted children, parents and step-parents
- Close family members: siblings, grandparents, parents-in-law and grandchildren
- Extended relatives: aunts, uncles, cousins and other related persons
Some employees have non-traditional arrangements, such as guardians or long-term partners who are not legally married. When employers recognize these relationships in the policy and record them in the employee profile, HR can review compassionate leave requests faster, and employees feel properly supported.
When Should Employees Use Compassionate Leave Instead Of Annual Or Unpaid Leave?
Compassionate leave is designed for specific situations, such as:
- Death of an immediate family member or loved one
- Funeral, burial or memorial service for a relative
- Serious crisis at home that requires the employee to be present as primary support
Annual leave is better suited for planned time off or personal matters that are not linked to a serious loss. Time off without pay may be used when the allocation for compassionate leave and other entitlements has been used up, but more time away from their duties is needed.
Using the correct type of leave helps HR and employers to:
- Track how often compassionate leave is used
- Plan work coverage in a structured way
- Maintain a clear picture of paid and unpaid time off across the team
For employees, using compassionate leave when it applies makes it easier to explain the situation, receive understanding from managers and protect their remaining leave balance.
How Should Employees Apply For Compassionate Leave?
In a difficult moment, employees should not have to struggle with a complicated process. A simple, clear method helps everyone.
Employees can use this checklist as compassionate leave guidance in Malaysia.
Before or as soon as possible after the loss
- Inform your manager or HR as early as you reasonably can
- State that you are requesting compassionate leave and mention which relationship is involved
- Check the policy to see how many days you may be entitled to
During the compassionate leave period
- Confirm the dates you will be away from duty
- Arrange handover for urgent tasks where possible, or ask your manager to help reassign work
After returning to work
- Clarify with HR how the time away has been recorded in the system
- Discuss any further flexibility needed, for example, temporary adjustment of workload or working time
- Use any assistance or counselling services if your employer provides them
How Can Employers Design A Compassionate Leave Policy That Balances Work And Support?
A strong approach to compassionate leave does not encourage abuse. It encourages trust.
Employers in Malaysia can consider these points when designing or updating their framework:
- Define scope and days clearly
- Set specific time off for core family and other relatives
- Decide whether it is fully paid, partially paid or unpaid
- Explain how employees should apply, even in urgent situations
- Align with company values
- Make sure the approach reflects stated values around care, support and teamwork
- Train managers to respond with empathy when someone reports a loss
- Support managers with guidance
- Provide common examples and typical ranges of days
- Clarify when a manager can use discretion with other types of leave
- Use HR systems to track and improve
- Use HRMS tools to track usage, patterns and team impact
- Review the data regularly to see if the approach still fits the workforce and business
Conclusion
Compassionate leave is more than another line in a leave policy. It signals how a company treats people on their hardest days, not only on their best days.
For employees, it provides time to grieve, support family members and process loss without immediately worrying about work. For employers, a clear and supportive approach builds trust and shows that the organization understands real life comes with real emotion.
With an HRMS like TimeTec HR, employers can set up clear leave types, record compassionate leave separately from other time off and give HR and managers an accurate view of how leave is used across the company. A structured system makes it easier to support employees in tough times while keeping operations running smoothly.
Frequently Asked Questions
1. Is compassionate leave compulsory in Malaysia?
No. Malaysian law does not currently make compassionate leave a compulsory statutory entitlement for all private sector employees. Many employers choose to offer it as part of their own leave policy to support employees during a death or serious family loss.
2. Is compassionate leave usually paid or unpaid?
It depends on the employer. Many organizations in Malaysia provide a small number of paid compassionate leave days for a close family member. Any additional time off may then be taken as other forms of leave or time off without pay. Employees should always check the internal policy.
3. Who is covered as immediate family for compassionate leave?
This varies by employer. Common definitions include spouse, children and parents as the closest family group, with siblings, grandparents and parents-in-law treated as close family members. The exact wording should be stated in the company’s leave policy or handbook.
4. Can employees in Malaysia use compassionate leave for non-death emergencies?
Some employers allow compassionate leave for serious family emergencies that do not involve death, such as critical illness of a close relative. Others prefer employees to use other leave types in those situations. Employees should check the internal policy and speak to HR when in doubt.