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SWei
18/12/2009 22:48:08
Re: Medical Leave - prorated according to length of service?

I am under probation. Have taken 5 days medical leave in my 2nd month of service due to an illness. HR claimed that my medical leave has to be prorated and I am entitled to 2.5 days of medical leave. Hence, my annual leave is deducted. Is this true under the Enployment Act?
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KL Siew
pesaraonline@gmail.com
19/12/2009 12:13:55
Under the Employment Act, sick leave is based on calendar year and therefore cannot be prorated to the months of service.

However, if you are not covered by the EA (meaning your salary is more than RM1500) then there is nothing to say your company is not following the law.
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SWei
19/12/2009 23:22:28
Thank you for your advise. Since my salary is above RM1,500, am I right to say that I am not able to argue my case with my employer? Are there any other ways that I can pursue this?
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KL Siew
20/12/2009 09:33:42
Since you are out of the scope of the EA, I can't think of another way for you to pursue the matter. Perhaps you may consult the Labour Department.

What about the colleagues of yours in the same position? If they have no problem with that, you may just go along as well unless all of you can get the company to change the policy.
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