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Mc during probation period

Thu, 31 Mar 2016 11:28:50 PM  (Last updated: Fri, 01 Apr 2016 10:50:16 AM)

I have a staff which just joined about 3 weeks ago and she is earning RM2000 with RM500 allowance. She have took 3 days MC and resume work on the 4th day and then informed that the doctor have gave her a 1 month MC due to leg fracture. 

As she is under probation, is she entitled for the paid medical leave? We have this clause in our employee handbook:  To be eligible for aid sick leave, an employee must have completed the probationary period and has been confirmed as a permanent employee.

Fri, 01 Apr 2016 10:50:16 AM

The clause in your Employee Handbook can only be enforced on those who are not covered by the EA.

Regardless of the employee still serving his/her probationary period or not, he/she is entitled to the MC provided that he/she fulfill the following conditions:-

  • The MC is from a registered medical practitioner duly appointed by the Company; or any registered medical practitioner or medical officer in the event the Company doesn't have its own panel.
  • He informs or attempted to inform the Company of such sick leave within 48 hours of the commencement.

However, for those who are not covered under the EA, you may follow what is written in your Employee Handbook but it's not an advisable practice; both the HR officers and the employees might get into confusion easily as there are 2 different sets of policy in the Company. 

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