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28/04/2009 17:13:34
Re: MC on off day

kindly advise if in retail environment if a staff so happened to fall sick on his/her off day ( weekday) as the duty roster has been scheduled. Does HR take it as Medical leave & replace another offday ?

To my understanding; if fall sick on his/her off day, HR will take it as off day, no sick leave will be deducted. But the staff wanted to take it as sick leave & demand for a replacement offday. Please advise any clause in Malaysian Labour Law mentioned about this?
Thank you.
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KL Siew
28/04/2009 17:48:29
It is sick leave if the worker does not agree. But the will be no replacement. In the proviso below, note the words "...shall not apply during .....or on sick leave..."

"59 Rest day
Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 37, or on sick leave as provided under section 60F, or during the period of temporary disablement under the Workmen's Compensation Act, 1952, or under the Employees Social Security Act, 1969. "
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