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Andrew
andjaso@gmail.com
27/05/2008 07:29:44
Re: Just Need Your Advice. ( Sick Leaves According To Labour Law Malaysia )

Hi,

60F. Sick leave

(1) An employee shall, after examination at the expense of the employer --
(a) by a registered medical practitioner duly appointed by the employer; or
(b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer,
be entitled to paid sick leave, --
(aa) where no hospitalisation is necessary, --
(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;
(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;
(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or
(bb) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer:


Provided that the total number of days of paid sick leave in a calender year which an employee is entitled to under this section shall be sixty days in the aggregate;
And provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalised for any reason whatsoever, the employee shall be deemed to be hospitalised for the purposes of this section.
(1A) An employee shall also be entitled to paid sick leave under paragraphs (aa) and (bb) of subsection (1) after examination by a dental surgeon as defined in the Dental Act 1971:
Provided that the entitlement for such sick leave shall be inclusive of the number of days provided for under paragraphs (aa) and (bb) of subsection (1).

(2) An employee who absents himself on sick leave --
(a) which is not certified by a registered medical practitioner or a medical officer as provided under subsection (1) or a dental surgeon as provided under subsection (1 A); or
(b) which is certified by such registered medical practitioner or medical officer, or dental surgeon but without informing or attempting to inform his employer of such sick leave with in forty-eight hours of the commencement thereof,
shall be deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.

(3) The employer shall pay the employee his ordinary rate of pay for every day of such sick leave, and an employee on a monthly rate of pay shall be deemed to have received his sick leave pay if he receives
from his employer his monthly wages, without abatement in respect of the days on which he was on sick leave, for the month during which he was on such sick leave.

(4) No employee shall be entitled to paid sick leave for the period during which the employee is entitled to maternity allowance under Part IX, or for any period during which he is receiving any compensation for disablement under the Workmen's Compensation Act 1952, or any periodical payments for temporary disablement under the Employees Social Security Act 1969.

My company is giving me only 8 days sick leave, I am working here more than 1 yrs. If no more sick leave my pay will be deducted. Any Advice ?

* Had some advice from a person who said,

It looks like your company is not providing you with the minimum sick leave under the law. The Labour Department is the place for you to seek advice. By the way, are you covered by the Employment Act, which means you salary is not more than RM1500. If you are not covered, there could be a problem as there is no law to follow. Anyway, seek advice and see how the Labour Department is going to help you out. *

http://pesaraonline.net/1stschedule.htm

I'm not sure what to do..? Any advice
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