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Employee Applying Paid Sick Leave for 8 months

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asked on Jan 13, 2015 at 15:52
by   csoosun
Hi all expertise out there,
I have an employee (he is with us 1.5 years already) who encountered an accident 2 months ago. He applied for SOCSO claim for his salary lost, and was issued a cheque last week. We also paid his salary during his sick leave of 60 days. Now the problem comes in and we would like to seek for advice:-
1) He asked for a further 6 months leave as he claimed that he is still unfit to work. Should an employer still pay him the salary? (He asked for MC from his doctor every 2 weeks when he went for check up)
2) Can an employer grant him unpaid leave until he is fit to work again?
3) SOCSO has paid him back the 2 months salary. Shall he pay back the company?
Thank you in advance.
Best Regards!
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3 Answers

answered on Feb 3, 2015 at 20:36
by   viper
1/ What type of accident? Details of injuries sustained?
2/ At Workplace, in the course of carrying out his duties or at his own leisure time?
3/ What is the no of days allowed for medical leave as per appointment letter?
4/ What is the no of days allowed for hospitalisation leave as per appointment letter?
5/ "Doctor".. Government or private? Get your own doctor to give an assessment.!
6/ Since he is claiming for SOCSO, why did you pay him the 60 days salary? You should have treated the payments as "Advances-Loans in lieu of salary pending claims from SOCSO"
7/ What is he employed in your company as? His jobscope? How old is he?
8/ An employer can grant him unpaid leave till he is 99years old.
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answered on Feb 4, 2015 at 14:51
by   csoosun
Hi Piper,

Thanks for your reply.

1) It was a hit and run road accident.
2) He was sent to client's warehouse for QC at the time of the accident.
3) We only stated "According to Employment Act" in the offer letter, no specific date listed.
4) Same as Q3.
5) He went to private hospital for diagnose and treatment, at his own insurance claim and expense.
6) Noted on your reminder, thank you.
7) He is 35 years old, employed as a driver. The job scope include delivery, warehousing stuffs, and some minor goods-related job for eg: QC.
8) Noted.
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answered on Feb 4, 2015 at 23:01
by   jeff005
Well, u can be either

A] Nice employer
1/ Extend his sick UNPAID LEAVE for a specific period. Since there is a hit and accident during the "course of company work", it is also unfair that he is penalised for work performance. His job scope is a driver, which involves hands and legs to drive a motor vehicle, he is unable to perform his duties satisfactory.

2/ If you value his dedication and working attitudes, reassign him to "desk job" temporary and employed another driver on "contract basis" (for 3,6 months?)

But you must appoint your own GP for more accurate assessment of his condition. If he insist on "paid sick leave" ask him to make subsequent claims from SOCSO. That is the legal recourse for you.

B] Nasty employer
1/ Terminate his employment contract on the basis that he cannot perform his duties in a satisfactory manner by giving due notice under his employment contract.

Sick leave(Paid) - 14days for less than 2 years with the company.

Hospitalisation - 60 days (inclusive of 14days MC) maximum paid leave.

Since there is already a claim from SOCSO for 2 months (the employer needs to "top" any differences). There should be no "double claim". One should not benefit in any "insurance/workmen compensation" claim.

The appropriate and professional approach is to discuss and "level" with the employee. It would be very difficult to "take' back the 2 months paid, but in the event of dispute, you can treat it as in lieu of notice. The best you go to labor dept and lodge a case and seek advice and redress. Also SOCSO dept.
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