Employer ask to take half day Medical Leave, is this lawful?
if an employee during working period is no feeling well and unfit to work (work for 1-2 hours), after visit panel clinic with 1 day MC issue, should company treat this one day Medical leave as half day?
In fact, there is no specific regulation stated under the Employment Act 1955 for the half day MC and is not wrong for the company to treat as 1-day leave due to the MC is wrote 1 day, somemore if the company handbook/appointment letter have stated clearly any leave taken minimum allow to take is 1 day then shouldn’t have any problems
Sick leave
- (aa) where no hospitalisation is necessary, —
- (i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;
- (ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;
- (iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or
- (bb) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer:
Provided that the total number of days of paid sick leave in a calender year which an employee is entitled to under this section shall be sixty days in the aggregate
1) Any paid sick leave taken must be deducted from the 60days of Hospitalization
2) Sick Leave entitlement is on a calendar year basis, it is not based on his service of years (no pro-rated)
3) Employees shall also be entitled to paid sick leave after examination by a dental surgeon
Medical reimbursement
An employee who has worked for at least 3 months is eligible to claim for medical consultation fees, even on non-working days and annual leave.
Other medical costs e.g. medication are claimable based on the company’s policy or its collective agreement with a union.
An employer does not need to grant paid sick leave or pay medical fees for cosmetic procedures, where an examining physician can determine if the reasons are cosmetic.
Unfit to continue working
The employer may terminate the services of an employee if she/he is certified by a physician as unfit to continue working. Compensation for termination should respect the terms set out in the employment contract, where a payment in goodwill is optional.
