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17/05/2012 15:33:06
Re: work on PH but met accident before reach work place

Hello, i would like to know the treatment of the following case:-

I have a worker (factory worker) suppose to arrange to work on public holiday (01/05/2012) - wages will paid according to PH rate.

unfortunately, he met an accident before he reached my factory. (in this case he is eligible to claim for SOCSO).

under my record, he shall be treated under Medical leave or PH?
i am confuse :-
If i treat him as Medical leave, meaning i need to do a replacement of PH to him right ?

But if i treat him as PH, then i afraid it would be contradict with socso claim. coz request him back to work on that day.

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KL Siew
18/05/2012 08:44:15
In my opinion, SOCSO claim is one thing but for PH replacement, Section 60D(1B) as quoted below may be of some help to you. With this, it may not affect SOCSO claim.

(1B) Where any of the public holidays or any other day substituted therefor as provided in subsection (1) or (1A) falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this Act, or falls during the period of temporary disablement under the Workmen's Compensation Act, 1952, or under the Employees Social Security Act 1969, the employer shall grant another day as a paid holiday in substitution for such public holiday or the day substituted therefor.
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18/05/2012 09:15:39
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