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WH
06/06/2011 13:18:58
Re: Sick Leave Entitlement

Hi,

Understand from Labour Act, there is no pro rated sick leave for employee who join incomplete month. I have resigned and last day is 15 June. I have already utilised 14 days of my sick leave due to pregnancy issue. According to my employer, i only entitled 8 days medical leave (which my contract stated 14 days for those who join less than 2 years). They said this is company practice and my salary is more than RM1500, so is not cover under EA.

Appreciate your advise and do you have supporting act to show?

Thanks alot!
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KL Siew
pesaraonline@gmail.com
06/06/2011 15:48:33
As you are not covered by the EA, I am unable to show any law that allows or disallows prorated leave for those not covered.
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WH
06/06/2011 16:07:19
Hi, thank you for replying. Although my salary is not cover under EA, but doesn't the EA could be regarded in law as the minimum standard for everyone? Besides, my offer letter stated 14 days sick leave entitlement for employees who join less than 2 years.

If employee who are not cover under EA, will this mean there is no law for them to refer and only the contract?

Appreciate your advise.

Thanks

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KL Siew
06/06/2011 16:40:45
Yes, you are right as far as the terms and conditions of service are concerned. Always negotiate in details about that and have them stated in the contract. The contract becomes the law so to speak.
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