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29/09/2009 14:44:24
Re: Medical Leave, any pro-rated during resignation

To KL Siew,

The facts for the above matter is as follows:-
- Worker A, with salary more than RM1500
- Employment service is more than 2 years but less than 5 years.
- The company has the policy of 14 days medical leave and benefit of RM500 in a year.
- Pro-rated basis is not mentioned for medical benefit but pro-rated basis is mentioned for salary & annual leave.
- Worker A took 10 days Medical leave, medical claim at RM450 and tender resignation in May ie last day is 7th June.
- No hospitalisation involved.

My questions are :-
1) Is the worker A's medical leave and medical claim on pro-rated basis ?
2) Can we classify the exceeded number of days taken as an annual leave or unpaid leave in the event of no more leave to deduct ?
3) Can we recall the exceeded medical claim by deduct the salary ?
4) Can the company fixed the medical policy in pro-rated basis ?

Thanks in advance for the assistant & have a nice day

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KL Siew
29/09/2009 18:48:17
As far as the Employment Act is concerned, you can do none of those in 1, 2 and 3..

As for 4), for those not covered by the Employment Act (meaning for non manual employees with salary over RM1500), you may have your own policy. But it looks odd to have two different policies for different categories of workers.
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01/10/2009 11:25:27
On issue of medical leave. If an employee have exceeded the entittled medical leave and hospitalization leave (14+60)days:
1) can compnany advice to utilize annual leave
2) can employee opt for unpaid leave instead of utilizing Annual Leave available.
3) can company insist employee to utilize annual leave
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