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iskqil
26/02/2009 17:07:19
Re: Leave during probation.

Hi, I would like to ask you whether an employee who is still in probation period, entitle to medical leave and annual leave?if let say the employee has been hospitalized for a week and got MC for 3weeks by certified doctor(from panel hospital and clinics), would it be allowed for a company to deduct his salary as their reason that the employee is not entitled to a leave because he is still under probation.
please advice me,thank you.
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KL Siew
kl_siew@yahoo.com
26/02/2009 17:20:08
An employee under probation is also entitled to medical benefits under the Employment Act. In this case, he is entitled to 1 week hospitalization and another 14 days ordinary sick leave with pay. Sick leave beyond that can be no pay.
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iskqil
27/02/2009 08:33:36
Would the Employment Act be applicable to an employee who has a salary between rm2400-7000?
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KL Siew
27/02/2009 09:09:10
The Employment Act only provides the minimum standards for non manual employees with salary below RM1500. Although those with salary higher than that are not covered by that Act, companies normally give them better medical or other benefits than those stated in the EA.
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Andra
27/02/2009 09:47:50
Yup, some companies does have this ruling esp for those not governed by EA. Ruling like this will gradually create disharmony and grievances as staff would feel the company is not at all concern abt their welfare/health . If the staff is mc for one or two days then the policy applies; however in cases like this, management discretion should apply because it is not something the staff wanted also - it can be seen clearly that the staff is hosp n given mc for 3 wks . He is already sick n recovering and company deduct 1 month pay (seem not fair ). Is ur comp paying for medical expenses? if no, then maybe u could consider lesser action then deducting 1 mth pay. U can also extend his probation period. This are an exceptional cases in which supported by HOD, HR shld write to CEO/Director/Upper Management putting in the suggestions. Then Management decides. Hr should be fair rather than jumping in the gun and pulling the trigger straight away.
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iskqil
27/02/2009 11:32:59
Thanks for ur response. actually, our medical expenses are borne by the company. So, do u mean that it is under discretion and up to the management to decide?

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KL Siew
27/02/2009 11:54:54
If that has been the practice all the while, just carry on with it.
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