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Enquiry on Sick Leave Entitlement and Annual Leave Entitlement

Sat, 17 Nov 2018 09:29:42 PM  (Last updated: Mon, 19 Nov 2018 05:13:23 PM)

Hi All, I would like to make the following enquiries:

Currently I am employing 2 staffs in my shop and paid them on hourly basis, they have a fixed monthly salary (RM 1,100, calculated based on fixed no of working hour) and enjoy one rest day per week.
a) When they are sick, I will request them to replace additional working day (In order to get the fixed monthly salary). No payment will be made for the particular sick day.
b) When working day falling on public holiday, then they will be granted additional rest day for the replacement.

Question - am I offended any employment law ? What is the right practice?

Mon, 19 Nov 2018 11:33:43 AM

A) it doesnt matter hourly or daily or monthly, u still need to grant them the medical leave they got as stated in the law section 60F (1). 

B) PH, they should be entitled to 11 days per year with 5 compulsory PH, which cannot be replace but the other 6 days can. 

this is based on my understanding mahb mr kl siew got other view.

Mon, 19 Nov 2018 05:13:23 PM

You cannot simply ask them to replace back when they are sick. Sick leave is under the employment act and you shall not ask them to replace back. If your staff sue you in IR, definitely you will lose as the Company will be quoted as not humanized.

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