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Medical Benefits during Probation

hr_matters
Member
Sun, 10 Oct 2010 01:41:42 PM  (Last updated: Thu, 15 Dec 2011 11:12:55 AM)

Can the employer exclude the medical benefits for new employee on probation?

Is it lawful if employer include the following in the employment letter:

1) Employee shall not be entitled to paid sick leave during probationary period. Such will be treated as unpaid leave.

2) Employee shall not be entitled to medical benefits during probationary period. Employer will not pay for the medical expenses for the new employee on probation.

KL Siew
Administrator
Sun, 10 Oct 2010 08:53:16 PM

If the employees are not covered by the Employment Act (meaning their salary is more than RM1500), those two conditions may be valid. If they are covered by the Employment Act, they are entitled to sick leave with pay even though they are on probation. However, they may not be entitled to medical expenses, which is not a requirement under the Act.

Julie Lim
Member
Wed, 13 Oct 2010 02:00:08 PM

Can an employer not provide annual and medical leave benefits for non manual labour employees with salary over 1.5k not covered under the Employment Act?

KL Siew
Administrator
Wed, 13 Oct 2010 09:05:24 PM

Julie. If that employer were to do that, he would surely not be able to get anyone to work for him.

Apple Lee
Member
Wed, 01 Dec 2010 03:24:52 PM

We employed a new staff and paid her RM 2,600.00 basic salary but on the 1st week she started to take medical leave even though she was on 3 months probation. She didnt produce medical certificate so it was considered unpaid leave.

Again in her second month, she took medical leave, this time she produced medical leave and receipt to claim for medical bill. On the same month, we decided to terminate her service and she left. We didnt pay her for the medical bill since she had taken her medical leave. We also didnt pay her the allowance. But, the following month she called to ask if the company is going to pay her medical bill & allowance. Do we need to pay her? Kindly advise.

KL Siew
Administrator
Thu, 02 Dec 2010 05:28:40 PM

Since her salary is more than RM1500 and thus not covered by the Employment Act, you can deal with the case based on the policy of the company on medical leave. Since you have also terminated her service, I don't know what action she is going to take against the company. Just hold on the payment, wait and see.

fanny
Member
Wed, 29 Dec 2010 11:26:58 PM

i would like to ask...im still in a probation period in my company...and yet i took mc for 1 and half day...i have the mc approved by doc for the 1 and half day...but my company deducted my 1 and half day salary as they said consider unpaid leave because im still in probation period and i don't even can get any claim as well ...i still don't understand one thing...i have my mc letter and im not taking annual leave but y my company still deduct my salary for the 1 and half day...is they have the right to do so??

KL Siew
Administrator
Thu, 30 Dec 2010 04:39:23 PM

fanny, if your salary is more than RM1500, there is nothing much you can do about it. If it is less than RM1500 and therefore you are covered by the Employment Act, you can then complain to the Labour Office.

ahvk
Member
Tue, 10 May 2011 09:37:43 PM
Originally posted by hr_matters on Thu, 15 Dec 2011 11:12:55 AM

Can the employer exclude the medical benefits for new employee on probation?

Is it lawful if employer include the following in the employment letter:

1) Employee shall not be entitled to paid sick leave during probationary period. Such will be treated as unpaid leave.

2) Employee shall not be entitled to medical benefits during probationary period. Employer will not pay for the medical expenses for the new employee on probation.

Hi,

I'm a IT professional with salary more that RM1500 and not covered under EA. Last month (April) was the last month of my 6-months probation period. I had taken MC for 2 days, with valid medical cert.. In my employment letter, it's stated that I'm not entitled to paid sick leave during probation period. My company had paid my April salary in full without deducting the sick leaves. But today (10 May 2011) I received a letter from the HR asking me to accept an adjustment to deduct the 2 days off my salary. I have not yet and not willing to sign the letter. Please advise.

KL Siew
Administrator
Wed, 11 May 2011 08:57:22 AM

If that was a honest mistake and you got something you are not entitled to, why refuse to pay back?

Alias
Member
Fri, 08 Jul 2011 11:32:31 PM

If the appointment letter didn't state any thing that is not claimable on MC during probation, does this mean that during probation, an employee can go for MC and claim?  The salary is above $1500

KL Siew
Administrator
Sat, 09 Jul 2011 10:53:57 AM

I tend to agree with you, Floalas. But  I don't know about your employer will do that or not.

Intan Jaafar
Member
Thu, 15 Dec 2011 11:12:55 AM

Hi,

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