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Confusion about medical claim

Janet
Member
Fri, 28 Aug 2015 02:33:46 PM  (Last updated: Wed, 09 Sep 2015 07:02:13 PM)

I want to clarify a few things:

1. I read in some post that there is no law about employer having to pay employee medical expesnse. Yet when I read the Employment Act there is this sentence.

60F. Sick leave

(1) An employee shall, after examination at the expense of the employer --

I would interpret that sentence above that the employer has to pay for the medical examination?

2. Is the minimum wage RM2000 per month for employee to be covered under the employment act. In some forum I read RM1500.

3. For workers under probation as long as they are covered by the employment act, they are entitle to everything that is stated in the employment act. So entitled to annual leave, sick leave, maternity leave?

Thanks

KL Siew
Administrator
Sat, 29 Aug 2015 10:19:19 AM

1. Medical expenses are different because such expenses can be unlimited and may include cost of medicine, surgery etc. Employers are not required to bear those expenses whereas examination expenses are only for examination by the doctors, which may not come to much.

2. The Employment Act has since been amended, no longer RM1500.

3. That is true except for annual leave which requires 12 months service to qualify for annual leave.

Janet
Member
Tue, 01 Sep 2015 02:27:37 PM

Thank you for your reply.

Since the Employment Act only covers employee who has a monthly salary of RM2000 and below, does that mean that employers can make up their own contract for employees over RM2000. Are there any guidelines employee over RM2000? 

Thanks

KL Siew
Administrator
Tue, 01 Sep 2015 05:03:53 PM

In that case, the terms and conditions of service will be applicable. There should not be much problems if the terms and conditions are clearly stated.

Janet
Member
Wed, 09 Sep 2015 03:55:26 PM

Thank you for your reply. One more question regarding the medical examination expense.

Is there a cap on the medical examination claim? So employer is to pay for all medical examination? Or only the one associated with MC? i.e if the employee goes to see doctor on a Sunday, does employee have to pay for the medical exam?

Thanks

KL Siew
Administrator
Wed, 09 Sep 2015 04:24:03 PM

I think to make things simpler and avoid the confusion what is medical examination and what is medical claims, it may be help to have a clear policy about the matters. If you go to government hospital to see a doctor, you just have to pay RM5, and medicine is free. If you see a consultant in private hospital, there is consultant fee and then medicine billed separately. In private clinics, examination fee and cost of medicine are not separated, so you don't know what is examination fee or medicine cost. These are the problems that cause confusion.

If you are talking as employer, you can consider the following suggestions:

1. Try to appoint panel doctors to provide medical treatment to the employees.

2. To avoid confusion of medical claim, set a limit of the claim the employees are entitled to. While there are employers who do not pay any medical expenses at all but only paid medical leave, there are companies that set only RM30 as the limit. If the medical bill comes to more than that, the employees will have to foot the balance. Of course employees in some large company do get much better medical benefits depending on their ranks and positions.

Janet
Member
Wed, 09 Sep 2015 04:58:17 PM

Thank you.

I understand the difference between medical exam and other medical claim. Most panel doctors put only one billed amount (so exam + medication), so our employer has set a capped amount per month. So it is not against the Employment Act to set a capped amount?

I was asking whether or not there is a cap on the exam (so not further testing and medication), so if a employee goes for an exam, the employer must pay for the examination? So if the worker goes to public hospital on Sunday for exam ie RM 5, employee have to pay also?

KL Siew
Administrator
Wed, 09 Sep 2015 07:02:13 PM

Section 60F of the EA only mentioned "..examination at the expense of the employer. ", no cap mentioned.

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