Re: Sick Leave fall on Off Day/Rest Day (coincide with Public Holiday)
For weekday employee, 5 working days from Monday - Friday and Off day is Saturday and Rest Day is Sunday.
1. If medical leave fall on Off Day and it is a public holiday, any replacement leave for that medical leave?
2. If medical leave fall on Rest Day and it is public holiday, any replacement leave for that medical leave? (If public holiday fall on Rest Day, the next day will be public holiday and Rest Day remain rest day.)
No sure you meant by weekday employee. Is he monthly rated or daily rated?
1. The employee is not entitled to a substituted off day or rest day if he is sick on those days. Just don't deduct the sick leave from his sick leave entitlement, that is to say, treat it as no sick leave. If he is daily rated, just pay him one day sick leave pay thats all.
2. Here the law says must substitute another day for public holidays. But don't try to make life more miserable for yourself, just treat it as if there is no medical leave. If he is daily rated, pay him sick leave pay in addition to his holiday pay.
The employee is monthly rated employee. If employee obtained medical certificate, we will recognise the medical leave and will deduct from his yearly medical leave entitlement.
If he/she obtain medical certificate on Off Day and Rest Day (normal case) and he/she apply for that medical leave, we will recognise his/her medical leave (paid medical leave) and will deduct from his/her yearly medical leave entitlement.
Refer to your answers above, if the medical leave falls on Off Day/Rest Day and it is a public holiday, do you means that we shall treat the employee (monthly rated) is on his/her 'normal' Off Day/Rest Day and NOT medical leave?
Another question:_ Q3. If the employee obtain two days medical leaves (eg. Friday and Saturday), will it good for him/her to apply one day medical leave (Fri) and not two days (Fri and Sat = Off Day) so that he will 'save' one day medical leave from his/her yearly medical leave entitlement?
1. Sick on off day/rest day. I really don't see any reason why the employee should produce the MC. If he produced, I would ask him to take back the MC and his sick leave entitlement for the year is not affected.
2. Sick on Public holiday: The Employment Act says when a public holiday falls on sick leave, another day shall be granted public holiday. Here you may do two things:
(a) "Oh Mr, I will accept your mc and I will grant you another day as public holiday" You are such a good employer. When the workers come to know that, they may start to fall sick of public holidays. or
(b) "Take back your mc and your sick leave entitlement will not be affected." The choice is yours, if you are a very law abiding man, choose (a)
3. Sick on Friday and Saturday(off day). Only one day sick leave will be deducted from his entitlement.
I am working with a private school and my sick leave entitlement is 22 days per year. Recently I went for a cordial operation on 4th July 2008 and 1st August in General Hospital and General Hospital granted me 2 weeks and 6 weeks sick leave respectively but I only used 21 days (excluding Saturday and Sunday) out of 22 days. However, when I received my payslip I noticed my salary deducted because the school included Saturday and Sunday as well in determining number of days of sick leave taken. So according to them, number of day of sick leave exceeded 22 days therefore my salary deducted.
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