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Mc claim in probation period?

KH
Member
Mon, 27 Apr 2015 12:47:21 AM  (Last updated: Mon, 27 Apr 2015 05:02:23 PM)
I just started my new job which less than a month. I fall into sick in this moment. So I get a Mc from a valid clinic but not company clinic cause they don't have any panel Dr. After I summit my Mc to one of the assistance managing director. Company told me that I not entitled to get my paid for Mc day. So I proven them with some forum appear in this web. They told me that show them the act and sentence where have company need to pay me when in probation period. They do not have any appointment letter. Do there any written act in which probation period cannot take Mc or unpaid Leave? Which act written I can do the claims? They even told 3rd of may 2015 which is wesak day(public holiday) must work no holiday with normal paid. Shall I still work on that day or can just holiday? Need advice please
KL Siew
Administrator
Mon, 27 Apr 2015 10:21:54 AM

1. Employees are entitled to sick leave and it does not matter whether on probation or not. Refer to section 60F of the Employment Act quoted below:

2. A company may not choose all public holidays to be company's holidays. Check with your company whether Wisak Day is one of the days chosen. It not, that day will just be an ordinary working day.

"Sick leave

60F. (1) An employee shall, after examination at the expense of the employer—

(a) by a registered medical practitioner duly appointed by the employer; or (b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer,

be entitled to paid sick leave,—

(aa) where no hospitalization is necessary,—

(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;

(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;

(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or

(bb) of sixty days in the aggregate in each calendar year if hospitalization is necessary, as may be certified by such registered medical practitioner or medical officer:....."

KH
Member
Mon, 27 Apr 2015 11:31:47 AM
How about appointment letter? Is it necessary for workers? Pay slip too?
KL Siew
Administrator
Mon, 27 Apr 2015 01:52:32 PM

Yes, both are required.

KH
Member
Mon, 27 Apr 2015 02:05:45 PM
This is the answer when I asked is that no pay for MC in probation period "Yup, that is our company rule. Annual Leave and MC will start after the staff was confirmed by company become permanent staff." so company rules or act should follow? Another is this incident happen they try to issue appointment letter with all company rules which do not match to appointment that time. What shall I do?
KL Siew
Administrator
Mon, 27 Apr 2015 02:46:15 PM

Then you may have to approach the Labour Department for them to look into the matter. You need something official.

However, be aware that the Employment Act only covers employees with salary not more than RM2000. If your salary is more than RM2000, I think it would be better for you not to go further with the matter.

KH
Member
Mon, 27 Apr 2015 03:03:55 PM
My salary is RM2200. Please advice me what to do.
KL Siew
Administrator
Mon, 27 Apr 2015 03:09:39 PM

No MC during probation, so be it. Don't spoil your new job, keep quiet and learn up the work. Gain some working experience and look for better prospect if you don't like the company.

KH
Member
Mon, 27 Apr 2015 04:05:15 PM
Just from 1st letter you tell Mc is paid during probation period. Now no MC during probation period? Which one?Please I may need details for this situation.
KL Siew
Administrator
Mon, 27 Apr 2015 04:21:56 PM

Now that your salary is over RM2000, you are not covered by the Employment Act. So, your company's practice may stand. Contact the Labour Department and get an official answer to your question.

KH
Member
Mon, 27 Apr 2015 05:02:23 PM
Tq

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