One Monday morning, Azlan, a supervisor in a mid-sized company, noticed that one of his employees, Farah, looked pale and was coughing constantly. By lunchtime, she admitted she had been diagnosed with influenza at a private clinic over the weekend. Yet, instead of staying home, Farah had come to work because she felt guilty about leaving her colleagues to handle her tasks. Some co-workers, concerned about their own health, asked Azlan if the company should immediately quarantine Farah or even send all close contacts home.

Azlan was uncertain. He knew that during the COVID-19 pandemic, quarantine protocols were legally mandated. But was influenza treated the same way under Malaysian labour law? Could the company face penalties if they allowed her to remain in the office?

The Law

The answer lies in understanding the scope of the Employment Act 1955 (Act 265) and related health legislation.

1. Sick Leave Entitlement under the Employment Act
Section 60F of the Employment Act provides clear rights to sick leave when an employee is certified unfit to work by a registered medical practitioner. The entitlement depends on the length of service:

• Less than 2 years of service: 14 days of paid sick leave per year.
• Between 2–5 years: 18 days per year.
• More than 5 years: 22 days per year.
• Hospitalisation: up to 60 days per year.

Influenza, if severe, may fall under ordinary sick leave. If the illness requires hospitalisation, the 60-day entitlement applies. The law therefore places responsibility on the medical certificate (MC). If a doctor certifies that the employee is unfit to work, the employer must recognise this as valid sick leave.

2. Quarantine Obligations under Public Health Law
The Employment Act itself does not impose quarantine rules. Quarantine obligations come under the Prevention and Control of Infectious Diseases Act 1988 (Act 342), administered by the Ministry of Health (MOH). Only if influenza is declared a notifiable disease or if there is an outbreak (such as H1N1) can MOH issue quarantine instructions.

During the COVID-19 pandemic, MOH exercised this power extensively. For ordinary seasonal influenza, however, no standing quarantine orders exist. Employers are not legally required to enforce quarantine, but they must respect medical advice provided in MCs.

3. Employer’s Duty under Occupational Safety and Health Act 1994 (OSHA)
Even if quarantine is not mandated, employers still have duties under Section 15 of OSHA 1994 to ensure, so far as practicable, the safety, health, and welfare of all employees. This general duty means employers should act reasonably to prevent the spread of contagious illness in the workplace.

Practical steps include:

• Advising employees with influenza to stay home and rest.
• Allowing them to utilise their statutory sick leave.
• Providing flexible work-from-home arrangements where possible.
• Ensuring hygiene practices such as hand sanitisers and proper ventilation in the office.

By doing this, the employer complies with OSHA and reduces the risk of secondary infections that could affect productivity and morale.

Lessons for Employees and Employers

For Employees:

• If diagnosed with influenza, do not report to work simply out of guilt or loyalty. The law protects your right to sick leave under Section 60F of the Employment Act. Submitting a medical certificate is sufficient.
• Coming to work while sick may endanger your colleagues and potentially prolong your own recovery. It may also raise workplace health and safety issues under OSHA.

For Employers:

• While there is no automatic legal quarantine requirement for influenza, the company should encourage employees to follow medical advice and rest at home.
• Employers should not force employees with valid MCs to work. Doing so risks breaching the Employment Act and could expose the company to complaints to the Jabatan Tenaga Kerja (JTK).
• From a health and safety standpoint, employers must adopt preventive measures under OSHA. Ignoring contagious illnesses may be seen as a failure to provide a safe workplace.
• In outbreak situations where MOH issues specific quarantine orders, employers must comply fully. Non-compliance can lead to penalties under Act 342.

Conclusion

So, does influenza require mandatory quarantine under the Employment Act? The answer is no. The Employment Act 1955 deals with sick leave rights, not quarantine. An employee with influenza should obtain a medical certificate and take the appropriate sick leave. Only if MOH issues specific quarantine instructions under the Prevention and Control of Infectious Diseases Act would quarantine become legally enforceable.

That said, employers are not free from responsibility. Under the Occupational Safety and Health Act, they are obligated to maintain a safe workplace. The most responsible course of action is to encourage influenza-stricken employees to rest at home, thereby protecting the wider workforce.

For employees, the lesson is simple: trust your medical certificate and use your sick leave. For employers, the lesson is to support sick employees, not penalise them. Industrial harmony is best maintained when both sides respect health, safety, and the law.

In short: Influenza does not automatically trigger quarantine, but it does require rest, responsible HR practice, and compliance with the law.