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19/06/2009 17:25:11
Re: H1N1 leave and Medical Claim

Our company didn’t appoint any panel Doctors but we did reimburse staff’s medical claim based on their receipts, the bill normally about RM30.00 ~ RM50.00 per visit. Recently one of our newly confirmed staff insist to visit ONLY 5-star private hospital instead of private clinics or Government Hospitals; the medical bill per visit is more then RM160.00 per visit for normal flu or fever or etc. I contacted the Labor Dept of Malaysia and was been told the company can “only reimburse the Consultation fee; medicine should be bear by employee” since there is no black and white stated in the employment Act, I would like to know is it true?

Secondly, if a staff insists to travel to H1N1 affected countries level-6 for personal purpose, and she/he ask to stay at home for 7 days after return to Malaysia. In this case, can company instruct them to apply for unpaid leave if they have finished their annual leave?

Thanking you in advance for your prompt reply.
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KL Siew
19/06/2009 20:52:49
Section 60F of the Employment Act as quoted below is about sick leave. Note the words "..after examination at the expense of the employer..", it is about examination fee. In our country, most private doctors does not separate examination fee and cost of medicine. They lump all together. For those who go to 5-star hospitals, consultation fee and cost of medicine may be separately billed. As such you may be able to something about it as advised by the Labour Department. Again, the Employment Act only covers employees with salary not more than RM1500. If that staff concerned is not covered by that Act, then it it up to the company's medical policy to deal with such situation. If you .have a clear and comprehensive medical policy, such situation should be easily dealt with. If you still don't have one, I think it is time to look into the matter.

"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."

2. There have been some queries about AH1N1 posed to me by the readers. This is an unusual situation and I don't think I am competent to talk about it. I can only give a personal observation:

1. If I were the employer and I don't want my employees to be exposed to possible risk of contacting H1N1, I would issue a memo on H1N1 travel policy and I would try to get the staff who defy such policy to give a written undertaking to go on unpaid leave for say 7 days after return from from high risk countries. Just an observation and I think it will be better for you to consult the Labour Department or the IR Department or whatever.
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22/06/2009 15:54:53
Dear KL Siew,

Thank you very much for your valuable advice.
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23/06/2009 07:53:57
Dear KL Siew,

I have questions on the medical fees, my company has set a maximum medical fees of Rm100 during probation period (3 months) and maximum Rm300 per year for the confirm staff..

Is this clauses valid?

Please advise.

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