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Curious V
black_winter15@hotmail.com
10/12/2009 22:32:34
Re: Replacement leave for unpaid medical leave taken during probationary period

My queries are as follows:
a. Which section under the Employment Law Act 1955 particularly provides for employer to not pay for probationary staff's medical leave?

b. If that is the law, is employee entitled to a replacement leave upon confirmation for the medical leave which was unpaid taken during probation period? Kindly cite the provision if there is any.

c. How would ur advise differ if I was actually told by the HR staff that such entitlement is available yet I m not able to prove it? As in there is no evidence for the said conversation and that particular staff is denying the fact that she ever revealed that to me?

d. Does the act of allowing another staff to claim replacement leave without disputing her request whatsoever amounts to an affirmation of such practice?

Your kind reply is highly appreciated. Thank you.
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KL Siew
pesaraonline@gmail.com
11/12/2009 09:12:56
a). There is nothing in the EA to say that. The employee is entitled to sick leave, on probation or not.

b). There is no such provision in the EA.

c). I don't know what is it about..

d) One thing you must bear in mind, if your salary is over RM1500 and not covered by the Employment Act, you can be subjected to the practice of the company, which may be not that fair sometimes.
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