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Salary above RM5000 - Can Medical Leave be Pro-rated for resign staff?

Wed, 10 Jan 2018 06:29:48 PM  (Last updated: Wed, 10 Jan 2018 07:33:27 PM)


Would like seek your advice that if my salary above RM 5000 and i took 7 days MC in Jan'18 so far, my entitlement for MC is 18 days this year. My last day of service will be on 31 Jan 18. Can the company pro-rate my MC (1.5 day per month) and pay me only 1.5 day for Jan'18 MC.

Thank you in advance . 



Wed, 10 Jan 2018 07:33:27 PM

Law say annual leave should be prorated according to period of service(60E(1)) but did not say anything on prorate in Sick leave (60F). It say you entitled to min 14,18,22 days according year of service in each calendar year respectively.

In other word, you entitled for full 14 days sick leave at the first day of each calendar year (1 Jan) and no prorate for that even you resign on 2 Jan. Same go to new joiner @ 31 Dec, he/she shall entitled for full 14 days sick leave.

If we change sick leave to hospitalization leave, you too entitled to full 60 day from 1 Jan and no prorated if u resign on 1 March. 

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