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Myra
17/01/2009 14:17:34
Re: Excessive sick leave

I have an inquiry regarding sick leave.What the employer can do if the employee always taking a sick leave.FYI, the employee is contract staff for 2 years and entitled for sick leave for 20 days per year.but he had exceed his entitlement. during his 1st year employment, he already took almost 25days sick leave.Sometime he provides us with MC but sometime not.Sometime he inform the boss and sometime not inform anything.

Can we deduct his salary for the sick leave he took which is exceed his entitlement.Can we terminate him because there are so much work to be done by him but due to his habit to take a sick leave, it became more and delay the process and may effect the company's reputation to the client.
what should we do? pls advise me..
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KL Siew
kl_siew@yahoo.com
17/01/2009 15:36:47
Any sick in excess of the 20 days, should be of no pay. If you think he is a problem then you don't renew his contract when the time comes.
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Myra
17/01/2009 16:07:45

Firstly, thanks a lot 4 ur quick respond.

But can we terminate him b4 the contract expires?

Should we give him a notification or warning first b4 we terminate him to avoid any dispute in future?
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KL Siew
17/01/2009 16:45:44
Isn't there a clause in that contract for termination? First pull him up to tell him that management is not very happy about the constant sick leave and subsequently with warning. If there is still no improvement, then you terminate his contract based on the termination clause.
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Myra
28/01/2009 16:10:45
We have given him a show cause letter.but his supervisor cant accept him anymore as his attitude has jeopardized the dept as well as to the company. Can we terminate him without conducting DI?Because I've asked IRD that we need to follow the normal procedure..i.e: show cause ---DI.
FYI, he is a contract staff for 3 years and had completed 1 year.
What risk that the company would encounter if not conducting DI?can he bring this case to Court,if yes what are the chances?
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