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23/07/2008 11:32:40
Re: labour law vs company's policy on sick leave entitlement

Our company has set a policy on sick leave entitlement, which is 7 days per year and must be from company panel doctor (a clinic).

There is 1 staff suddenly fainted during work. Colleagues help to send her to the nearest hospital for emergency check up.

After 1 day, she came back to work and apply sick leave with the supporting sick cert from hospital.

Company rejected her sick leave by saying that her sick cert is not issued by company panel doctor and deducted her annual leave.

My question:-
1. Can company do so?
2. When comes to sick leave entitlement, can labour law regulation replaced company policy?

Thanks alot!

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KL Siew
23/07/2008 13:07:25
First, 7 days sick leave per year is not enough under the Employment Act. 10 is the minimum.

I don't know what had actually happened there that day. I just quote the relevant section of the Employment Act for your info. Please note (1)(b). She can consult the Labour Office about this

"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;,,,"
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23/07/2008 14:43:45
Thanks for your advise.
Just want to know, Im from Sarawak.
Currently labour law also applies in Sarawak?
Or we still have to follow Sarawak Ordinance?
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23/07/2008 15:50:17
If you signed an agreement with them, u must follow the contains in the agreement that you have agreed with them. Correct me if i am wrong.
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23/07/2008 15:52:49
Sarawak Labour Ordinance
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