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Show caused letter on Medical Leave Application

ShazN
Member
Tue, 21 Aug 2018 10:51:20 AM  (Last updated: Thu, 23 Aug 2018 07:34:17 PM)

Background:

Show cause letter was issued alleged the staff on applied medical leave and submitted suspicious medical certificates from a doubted clinic with the intention of cheating the Company.

Justification :

1) No was no official annoucement on the doubted clinic to all staff to avoid the staff from getting treatment at the clinic.

2) Clinic has provided the an official writing to support that the staff has been treated and MC was given according to the sickness.

Question:

Is the letter sufficient enough as a proof of being treated and MC should be recognized. If NO, what are the other docuement to support as thetreatment was only a physical examination at clinic. There was no test been conducted and doctor not able to disclose the prescription given to the staff due to confidentiality.

Looking forward for the expert response. Thanks & Best Regards.

KL Siew
Administrator
Tue, 21 Aug 2018 12:19:59 PM

If is up to the issuer of the show-cause letter to decide whether to accept the reply given. If he is not satisfied with the explanation given, he could proceed to take further action like conducting a domestic inquiry and so on.

ShazN
Member
Tue, 21 Aug 2018 01:38:45 PM
Originally posted by KL Siew on Tue, 21 Aug 2018 12:19:59 PM

If is up to the issuer of the show-cause letter to decide whether to accept the reply given. If he is not satisfied with the explanation given, he could proceed to take further action like conducting a domestic inquiry and so on.

KL Siew,

Thanks for the response. Another question, can the staff make report on the Company if the staff find it unfair? the staff has obtain the proof of seeking treatment but if the company did not accept is it an unfair judgement to the staff?

ShazN
Member
Tue, 21 Aug 2018 01:38:52 PM
Originally posted by KL Siew on Tue, 21 Aug 2018 12:19:59 PM

If is up to the issuer of the show-cause letter to decide whether to accept the reply given. If he is not satisfied with the explanation given, he could proceed to take further action like conducting a domestic inquiry and so on.

KL Siew,

Thanks for the response. Another question, can the staff make report on the Company if the staff find it unfair? the staff has obtain the proof of seeking treatment but if the company did not accept is it an unfair judgement to the staff?

KL Siew
Administrator
Tue, 21 Aug 2018 02:18:11 PM

Then the authority can look into the complaint and make a decision.

ShazN
Member
Tue, 21 Aug 2018 03:03:00 PM

Thanks for your quick response KL Siew.

But i just dont get it if the issuer of that show cause does not accept letter from doctor on as a proof that treatment has been rendered. 

Isn't it suppose to be a good suporting because the issue is buying the mc instead of getting mc from medical treatment.

Would you mind to clarify the possibilities of why the issuer can decide not to accept that?

KL Siew
Administrator
Tue, 21 Aug 2018 03:15:42 PM

So, you are the worker concerned I suppoe. In that case, your HR department might be thinking you have done something wrong and that was why they issued you with a show cause letter. You might have given your reply. If they don't accept your explaination, the HR department may take further action. We don't know what action they may take. If they even take action and you think their decision is unfair, you can bring the matter up with the Labour Department. Now, what you can do may be just waiting to see what action they are going to take. If they accept your explaination, they may not take action.

ShazN
Member
Tue, 21 Aug 2018 03:30:13 PM

KL Siew, 

Actually i am not the staff. It happen to my friend. 

He refered to me based on my little experience in IR. I actually advise him that the letter should be strong because it was the certified doctor who have wrote it and doctors are bounded with the medical practitioner's code of ethics.

My advise to him also based on cross cheking practices as well. But since here we have more experts, so i try to get some input. 

Yes you are right by saying that company may think that the staff might do smthing wrong and i know in IR it is more of company's jurisdiction. Let me just share with you the chronology of this case.

The staff has went to this clinic twice and he is actually just rellocate to that region in 3 mths prior to the first visit to the clinic. He do not aware that the clinic can sell the mc and being treated at the clinic. 

Upon his submission of the first mc, there was no issue. Until the second Mc sent recently. The case has been brought up on his second MC and no communication made earlier.

Based on that manner, do you still think that HR may not able to accept the letter from the doctor? Is there is any other supporting that you may suggest to make it more concrete?

KL Siew
Administrator
Wed, 22 Aug 2018 08:06:40 AM

OK, what is the present situation after the show cause letter and his reply to it?

ShazN
Member
Thu, 23 Aug 2018 11:34:37 AM

He have yet to reply to the HR. He have until Friday.

Fyi, during his session with HR. HR did mentioned that most of the staff with the same case has tendered their resignation. So the HR seems like giving him the indication.

That is why he seek for opinion on the proof.

What would be your sugesstion then, should he just proceed with the only proof that he have or to get other proof to support but he do not have any idea of what else to give. Doc said that letter is a proof that he was treated.

KL Siew
Administrator
Thu, 23 Aug 2018 07:34:17 PM

He has to give a reply and give his side of the story.