Leave: annual, sick and maternity under the Act

By Equipo Saplic Published on 11/08/2026 Updated on 11/08/2026

And why unused leave should never quietly disappear.

For guidance only

The amounts and deadlines in this guide can change by law. Always check the update date and the official sources cited below. For a specific case, consult the labour authority or a professional.

In this guide
  1. Annual leave
  2. Leave you did not take
  3. Sick leave
  4. Maternity leave
  5. Public holidays
  6. The seven-day payment rule
  7. Keep your own record
  8. Where to raise a problem

The Employment Act sets out the statutory leave entitlements for employees in Malawi.

Annual leave

Employees are entitled to paid annual leave after completing a qualifying period of continuous service. The entitlement is set by the Act and may be improved by contract or collective agreement.

Many employers, particularly in the NGO and formal commercial sectors, offer more than the statutory floor.

Leave you did not take

Untaken leave should be paid out when employment ends. It forms part of the final settlement alongside wages and any severance or gratuity owed.

If you have accumulated leave over several years because workload prevented you from taking it, keep a record — that record is what supports a claim.

Sick leave

The Act provides for paid sick leave, subject to medical certification. Conditions and duration are set out in the Act and may be extended by contract.

Maternity leave

Female employees are entitled to maternity leave under the Act, with protections around dismissal during that period.

Public holidays

Malawi observes public holidays set by the government. Where you are required to work on one, additional pay or compensatory arrangements normally apply.

The seven-day payment rule

Section 53 requires that wages and other remuneration due on termination — which includes payment for untaken leave — be paid within seven days of the contract ending.

That is a short and specific deadline. If your final payment is late, it is a breach.

Keep your own record

If your employer does not maintain a formal leave register, keep your own note of days taken and days refused.

In a dispute about what is owed at termination, your record may be the only evidence available.

Where to raise a problem

The District Labour Officer handles complaints under the Act, and can pursue prosecution where the Act is breached.

Frequently asked questions

What leave am I entitled to?
Paid annual leave after a qualifying period of continuous service, paid sick leave subject to medical certification, and maternity leave for female employees.
What happens to leave I never took?
It should be paid out when employment ends, as part of the final settlement alongside wages and any severance or gratuity owed.
How quickly must my final payment be made?
Section 53 requires wages and other remuneration due on termination to be paid within seven days of the contract ending.
Should I keep my own leave record?
Yes, especially if your employer does not maintain a formal register. In a dispute about what is owed, your record may be the only evidence available.
Where do I raise a complaint?
With the District Labour Officer, who handles complaints under the Act and can pursue prosecution where it is breached.

Sources

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