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23/04/2009 18:39:00
Re: Medical Leave

Hi. My company recently implemented a new ruling due to the growing number of medical leave by the staff. The ruling states that: "The company does not recognise any medical leave certificate by other clinics or doctors. Only those issued by the company's panel of doctors are accepted. Those who take medical leave other than the company's doctor will result in the deduction of annual leave." My question here is: How can the company deduct one's annual leave if he is sick and has a medical cert even though it is from other doctors??? Does the company have such right to do so? Is their action are against the Labour Law?? Sometimes, when we are too sick, we can't afford to go the company's clinic which is quite far. Hence, I feel such ruling is ridiculous and not fair to those who truly sick. We have spoken to the boss on this - how can they do this just because of 1 or 2 rotten apples (staff) who frequently take medical leave. Can you clarify on this? Thanks
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KL Siew
23/04/2009 20:21:45
You may understand the situation better if you read the following Section of the Employment Act. (b) will more accurately answer your questions.

60F. Sick leave.

(1) An employee shall, after examination at the expense of the employer:

(a) by a registered medical practitioner duly appointed by the employer; or

(b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer;

be entitled to paid sick leave.
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24/04/2009 11:10:27
Thank you but after reading the clause. I don't really understand. Do the company has the right to deduct one's annual leave even though he has obtained a medical certificate from a doctor other than the company's panel of doctor???

I only like to know that - No right or they have the right. That's all. Please advise. Thanks
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KL Siew
24/04/2009 11:45:42
Yes, they have to right and you must go to see the company doctor under normal circumstances. But for example, you are sick at night and there is no company doctor nearby or the illness too serious and you must see a doctor urgently, then the company must accept the medical certificate by the outside doctor. If there are disputes, the matter should be referred to the Labour Department for a decision.
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