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Carol
20/05/2010 13:41:25
Re: Sick Leave, Hospitalization leave& Maternity Leave

Dear Mr. Siew,

We need your professional advise on the below variance between labour law and our employment letter.

1. Sick leave

Labour Law stated, an employee should be entitled to paid sick leave of 14 days in the aggregate in each calendar year if the employee has been employed for <2 years; of 18 days in the aggregate in each calendar year if the employee has been employed for 2 years or more but < 5 years; of 22 days in the aggregate in each calendar year if the employee has been employed for 5 years or more.

However, our company only giving 14 days of paid sick leave per year. Is this a violation to labour law?

2. Hospitalization Leave

Labour Law stated, 60days in the aggregate in each calendar year if hospitalisation is necessary.

Our company will grant up to 30 days paid hospitalization leave only. Is this a violation to labour law?

3. Maternity Leave

Labour Law stated, a female employee shall not entitled to any maternity allowance if at the time of her confinement she has five or more surviving children.

However, our company only grant paid maternity leave for the 1st 2 legally born babies. Is this right?

Look forward to your advise.

Thank you.
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KL Siew
pesaraonline@gmail.com
20/05/2010 16:24:55
If the employees are covered by the Employment Act (meaning non manual workers' salary does not exceed RM1500), 1, 2 and 3 are not in order and the benefits under the Act are still applicable to them.

For those with salary over RM1500 and not covered by the Act, it looks like they are not having a good deal. They should negotiate with the employer for better deals.
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Carol
20/05/2010 17:35:40
Thank you Mr Siew for your kind advise.
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