My company wanted to deduct my salary after i undergo for a long MC for being hospitalization under Section 60f, Subsection (bb) Under Hospitalization. my understanding, even i'm not actually in the hospital but because of having a serious injury that i can claim under hospitalization that gives me 60 working days of full payment. i'm having a compression fractured to my L1 back bone and being treated by Orthopedic Department Putrajaya Hospital. Can anybody clarify this either is my company have the right to deduct my salary since they have deducted my annual and mc leave that is under normal entitlement.
In order to qualify for hospitalisation leave during period of recuperation at home, you may refer to the proviso in Section 60F after (bb). If you can get the doctor to certify to that effect, your employer may not deduct your salary.
"And provided further that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason whatsoever, the employee shall be deemed to be hospitalised for the purposes of this section."
Dear KL Siew,
I have already informed my employer to call to the doctor to clarify but they don't. they just want to chop off just like that. Luckily, one of my old colleague have informed me about the section that you've gave me. i have informed that to the management. now, they want to find more evidence about my information. the doctor advised me not to drive for a long period and since I'm alone here in KL, the doctor given me a long MC from 1/1-12/1 and continued 13/1-9/2. later they give me 10/2-17/2. I'm supposed to get until 9/3 but since the management wanted to chop off my salary and they already deducted my annual leave and normal medical leave.
FYI KL Siew, the HR currently is not even have the HR background. The manager is from the Customer Service Dept transfer to HR. The staff also from different department since we don't have new replacement for our HR department that already left. Do they still can deduct my salary for now or not. I'm very concern about this. Can i report to the Labor Department or Industrial Court?
Thanks for you anyhow advise KL Siew. I really need to know all this thing.
It is your job to get the doctor to certify, not the job of your HR. If you have the doctor's letter, you show it to your HR. Only then if they deduct your salary, you can complain to the authority.
Dear KL Siew,
I already do that actually. What i mean is to them double check with the doctor. I have all the medical certificate given by the doctor and already passed to my HR.