Absent From Work for More Than Two Days: What Does the Law Say?

Written by: Izz Murtada

Every employer has faced this situation before. An employee stops coming to work, does not answer calls, and no one knows what happened. Naturally, the question comes up: can the company just terminate this employee?

The answer is not as simple as many people think. Let’s break it down using the Employment Act 1955.

1. What Does Section 15(2) Say?

Section 15(2) of the Employment Act 1955 says that an employee is deemed to have broken his contract of service if he is continuously absent from work for more than two consecutive working days without getting leave from his employer first.

In simple words, if a worker just disappears for more than two working days in a row, without asking permission, the law treats this as a breach of contract on the employee’s side.

2. Does Two Days of Absence Mean Automatic Termination?

This is where many employers get it wrong. Section 15(2) does not say the employer can automatically fire the employee after two days of no-show. What it says is that the employee is “deemed to have broken the contract.”

There is a difference between a breach of contract and a termination or dismissal. A breach gives the employer a right to act, but it does not remove the need for the employer to check the facts first, follow fair process, and make a proper decision. Jumping straight to termination without checking anything can put the company at risk of an unfair dismissal claim.

3. What If the Employee Has a Reasonable Excuse?

The law also protects employees who have a genuine reason for being away. Section 15(2) includes an important exception: if the employee has a reasonable excuse for the absence, and he informed or tried to inform the employer about it as early as possible, then he is not considered to have broken his contract.

So if someone was in an accident, warded in hospital, or dealing with a family emergency, and they tried to reach out even through a friend or a short text message, this could count as a reasonable excuse. Every case needs to be looked at based on its own facts.

4. What Should Employers Do Before Taking Action?

Before deciding anything, employers should slow down and check a few things first:

• Look at the employee’s attendance record. Is this a one-off or a pattern?
• Check any messages, calls, or attempts made by the employee to reach the company.
• Give the employee a chance to explain, usually through a show-cause letter.
• Follow the company’s own disciplinary procedure from start to end.

The Malaysian Employers Federation (MEF) has also spoken about using a show-cause process where suitable, rather than treating every case of absence as an automatic ground for dismissal. This approach protects both the company and the employee, and it shows that proper process was followed if the matter is ever brought to the Labour Court.

5. What Should Employees Do If They Cannot Come to Work?

On the other side, employees also have a role to play. If you cannot come to work for any reason, here is what you should do:

• Inform your employer as soon as you can, even a short message is better than nothing.
• Explain your reason honestly.
• Provide supporting documents where needed, such as a medical certificate or a police report.

Doing this small step can protect you and avoid unnecessary trouble later.

Handling employee absence cases can be tricky, especially when it comes to knowing what the law allows and what it does not. This is exactly the kind of situation where having the right HR support matters. At Kita Strategies, we help Malaysian businesses manage HR and payroll matters properly, from disciplinary processes to full compliance with the Employment Act, so that employers can make confident decisions without unnecessary risk. If your company needs a hand with HR matters like this, feel free to reach out to us.