accident, funerals,

_{What is emergency leave?}

In Malaysia, employees do not really have the choice to be absent at any time unless for very important reasons. But, the law also knows that there is a need to accommodate for times when it may be impossible for a worker to apply for leave in advance because of unforeseen circumstances.

In such cases, you are allowed to take what is usually known as "emergency leave". This type of absence enables you to take emergency leave without prior authorisation. Of course, there are certain conditions:

• You must have a reasonable and acceptable excuse for your absence.
• You must have informed or tried to inform the employer of such an excuse before or at the earliest opportunity during such absence. 

 

What qualifies as a reasonable excuse?

There are straightforward situations such as being involved in a motor vehicle accident or the death of an immediate family member can be considered as a "reasonable excuse" for excuse without prior authorisation. 

But, there are also many circumstances that are not so clear cut. Here are several excuses that are not considered as "reasonable" for emergency leave: 

• Bad weather
• Flat tyre
• Attending a funeral of a distant relative
• Death of a pet
• Feeling depressed due to an argument with a family member

Based on a court case, the employee alleged that he was absent because he had to address some matters concerning his family property in order to ensure that there was harmony in his family. The Court held that this was not of an emergency nature since there was nothing which gave rise to a sudden event which was unforeseeable. 

In a different case, the Court held that being absent without prior authorisation in order to attend the funeral of a distant relative was not considered as reasonable since the employee's presence would not be "vital" to the funeral service. 

The employee must inform their employer!

If you fail to inform their employer of their absence, you may be committing misconduct, even if they have reasonable reasons for not reporting to work. 

You are responsible for informing or attempting to inform the employer at the earliest opportunity before or during their absence. Usually, the courts will not tolerate unreasonable excuses such as the worker forgot to inform the employer. 

You must take reasonable measures to inform your boss.

However, the law did not say how you should inform your boss. You can send them a text message or telephone call as long as it is reasonable in the situation unless your boss specifically has already told you the right procedure for this type of leave. 

It's also crucial for you to inform the right person. In one case, a worker informed the managing director instead of their immediate superior. This case was held to be contributory misconduct as the worker's conduct had contributed to the uncertainty as to whether the worker had gotten permission from the company.

You should not ask a coworker to inform the immediate superior if the company policy requires applications to be made personally. 

How to manage emergency leave

You should not use emergency leave as a convenient excuse for any sudden absence from work, especially if the reason for your absence could have been foreseen or planned in advance.

For instance, an employee who is required to attend court for a personal matter would normally be informed of the court date ahead of time. There is no excuse for the employee not to apply for annual leave in advance, rather than treating it as an emergency case. 

 

In conclusion, you should be aware that emergency absence is not something you can take for granted.