RegisterLog In

5work day a week, EL/MC on Friday, how to count Saturday?

Wed, 03 Jan 2018 08:21:33 PM  (Last updated: Thu, 04 Jan 2018 05:12:33 PM)

One of our employee who has joined us on June 2017 and resigned, his last day was 26 December 2017. He was confirmed 3 months after he joined us.

Question 1: Is he entitled full 14days MC even he only work for 7 months? or Does he entitled only 7/12*14days = 8.16days MC for this 7mths? (I read Labour Law, it seems like he entitled all 14days. but I called up Labour office a while ago, Officer said he entitled only proportion days of MC)

Question 2: Company handbook stated employee can claim up to RM500 per year for Medical claims. As per what I mentioned to this employee, he entitled portion claims up to 7/12*RM500 = RM291.67 until December 2017. He needs me to show him documents which stated the medical claims is proportion as well. He even mentioned that he has consulted lawyers that he has right to claim ALL up to RM500 and said he will bring it to labour office if we dont let him claims all RM500! Any good advice? 

Question 3: This employee asked me many many times how many more MC he left for December. Eventually he took 4 all balance MC for Dec. Two of the MC fall on Friday. 

We count monthly salary /26days a month, however we only work Monday-Friday. Normally Saturday will be counted as paid work day.

Boss mentioned said IF there's any Emergency Leave or Medical Leave taken immediately before / after public holiday will be consider as unpaid leave; same goes to weekend. We've officially announced this once to all employees. But this has not been stated on our Handbook or new employee appointment letter. This employee come later than the day of official announcement. So can I count that particular 2 Saturday after MC as MC too? or Absent? OR I can only consider the following Saturday as pay work day? If I consider it as MC/Absent, later he needs me show proof which I dont have too. Many Advices needed. Please.

This guy basic salary RM2200. 

KL Siew
Thu, 04 Jan 2018 02:28:52 AM

Question 1: The Labour Office officer is correct.

Question 2: Unless it is clearly stated medical claims can be prorated to the number of months of service, I think the staff can claim full amount per year. Per year means a calendar year.

3. Sick leave fall on rest days will also be treated as sick leave. Refer to the proviso in section 59(1) of the EA.

As to other queries, I think you really have to get familiar with Part 12 of the Employment Act, and follow it closely in what you do. If not there will  be confusion. Stick to the law, you will not be too far wrong.

Thu, 04 Jan 2018 11:12:47 AM

Question 1 & 2: Thank you very much for speedy reply.

Question 3: But for this case, his MC only grant on Friday, no documents shows MC on Saturday? Therefore I will still have to consider Saturday as pay work day?

Thank you for the advise. I have running through both link above again and again. Seem like nothing much else I can do for this case. Only stick to the best benefit for the employee. 

KL Siew
Thu, 04 Jan 2018 05:12:33 PM

If you are in the HR field, I would suggest that you go to the bookshop and get a copy or the latest Employment Act 1955 and a copy of the Industrial Relations Act as well. Those are essential in HR work.

  This topic is closed