Fake MC in Malaysia: Jail & Fine

On 2 October 2026, one employer became suspicious of a medical certificate an employee had submitted. The employer checked with the clinic, and the check showed the MC was fake. The employer then lodged a police report in Senai.

Separately, on 5 October, clinic staff told the medical officer named on the certificate that someone had forged it using the officer’s name and signature. The officer also made a police report. Police arrested the two women, aged 23 and 22, on 18 October. They pleaded guilty and were represented by a National Legal Aid Foundation (YBGK) lawyer.

Other outlets and the police statement reported that the employee bought the MC through an intermediary, who got it from a third person. Only the two women’s sentencing has been reported, and nothing yet on the third suspect.

The magistrate said the sentence was a lesson, because forging a sick-leave certificate is a serious offence.

News source: https://www.bharian.com.my/berita/kes/2026/10/1677855/dua-wanita-kena-penjara-denda-kerana-palsukan-mc?source=widget 

Case at a glance

• Court: Kota Tinggi Magistrate’s Court, Johor, 20 October 2026 (Magistrate Nur Najihah Hamidi)

• Charge: Using as genuine a forged document, with the two accused charged as acting together (Penal Code s.471, punishable under s.465, read with s.34)

• Plea: Guilty, on the charge being read

• Sentence: Five days’ jail each, running from the date of arrest, plus a RM3,000 fine each, with three more days’ jail in default

The legal framework

Under the Penal Code (Act 574):

• Section 465 covers forgery and carries up to two years’ jail, a fine, or both.

• Section 471 covers fraudulently using as genuine a document known or believed to be forged. It is punished as if the user had committed the forgery.

• Section 34 applies where an offence is committed jointly in furtherance of a common intention. That is why both women faced the same charge.

Police can look at wider offences too. In this probe they also cited Section 420 (cheating). Other MC investigations have used Section 468 (forgery for cheating), which carries up to seven years’ jail and a fine.

How this compares

In Kuantan in August 2026, two men were each jailed 14 days and fined RM8,000 for forging 40 medical certificates. In 2021, factory workers in Bukit Mertajam who used fake MCs were fined RM2,700 to RM3,500 and jailed five days. A single-document offence can still bring both a fine and jail.

The employment law angle

For employees in Peninsular Malaysia and Labuan covered by the Employment Act 1955, paid sick leave under s.60F depends on a valid medical certificate. A forged MC raises several issues for employers.

1. Misconduct and due inquiry. Submitting a forged MC is dishonesty that goes to the root of the employment relationship. Section 14 of the Act still expects a proper inquiry before dismissal for misconduct, and a police report or conviction doesn’t replace it.

   
   

2. Industrial Relations Act exposure. A dismissed employee has 60 days to file a representation under s.20 of the Industrial Relations Act 1967 for dismissal without just cause or excuse. The employer must be able to prove the misconduct. Keep the original MC, the clinic’s written confirmation, and the inquiry records.
   

3. Parallel tracks. The criminal case and the domestic inquiry are separate. Get advice on timing before deciding whether to proceed or await the court outcome.
   

4. Verification and privacy. The case turned on one verification call. When checking an MC, ask only whether the clinic issued it, never the diagnosis. That keeps you within the Personal Data Protection Act 2010 and medical confidentiality.

Practical takeaways

For employers:

• Build a verification step into your sick-leave procedure for suspicious or repeated MCs.

• State in the handbook that a forged or falsified MC is gross misconduct and may be reported to the police.

• Decide in advance who may contact clinics, and document every check.

• Apply the policy consistently. Selective enforcement weakens a later dismissal.

For employees:

• Buying or supplying a fake MC is a criminal offence, whatever the price.

• If you’re unwell but can’t see a doctor, tell your employer and seek advice rather than getting a certificate from an unverified source.

Conclusion

Courts are treating fake MCs as a real offence, and here a diligent employer’s check set the whole case in motion. Consistent verification, a fair inquiry and good documentation protect the business at both the criminal and industrial-relations stage.