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Sick leave

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asked on Apr 6, 2015 at 15:44
by   drgkkho
If an employee injured himself during his private activities not related to performance of company's duties, can he take sick leave and entitle himself usual salary during his absence?

If sickleave cert gicven by doctor is 30 days where as his maximum annual sick leave entitlement is 28 days, can the company deduct his salary?

Can employer demands detailed medical examination report from the doctor to justify for the period of sick leaves certified?

Does the employer need to be responsible for medical expenses of the said staff?
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1 Answers

answered on Apr 13, 2015 at 02:47
by   arun1011
First of all it depends whether the employee is covered under the scope of the Employment Act or not. If he is earning below RM 2,000, then he is covered. If he is covered under employment act, he is entitled to 14 days sick leave and hospitalisation leave up to 60 days. After that period, the employer can treat it as unpaid leave. If the employee is not covered under Employment Act, then it would depend on the terms of the contract. But most contracts would have minimum of 14 days of sick leave but it depends on whether they would have hospitalisation leave up to 60 days. If they do, then the same rule above would apply. If they don't, then the employee will exhaust his full sick leave, then annual leave and anything more than that, the employer would treat is as unpaid leave.

Its a difficult question as to whether an employer can demand detailed medical examination report. It depends on what is the employers basis.
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