I received an email regard to Frequently on MCs,
That’s a popular subject for most of us who work 9-6 jobs.
The questions arise whether our Boss/Employer has any right to question our valid MCs or medical certificate.
Brief Information on the subject matter of:
1. What the law says?
An employee is entitled to “paid sick leave” only under the following circumstances:
a) He has obtained a certificate from a registered medical practitioner duly appointed by his
Employer; or
b) He has obtained a certificate from a dental surgeon; or
c) If no such medical practitioner is appointed, or the services of such a practitioner are not obtainable within a reasonable time or distance, then other registered medical practitioners or government medical officers will be accepted; and
d) He has informed or has attempted to inform the employer of his sick leave within 48 hours of the commencement of the sickness.
Refer: Section 60F (1), (1A) & (2) of Employment Act 1955
Employment Act 1955 (click here to download full copy)
Industrial Relation Act 1967 (click here to download full copy)
2. How many days of paid sick leave can employee are entitled to each calendar year?
According to Section 60F (1) (aa) of EA 1955:
Length of Service Entitlement per year
Less than 2 years 14
2 years but less than 5 years 18
5 years and above 22
3. Can the employer take any kind of disciplinary action against an employee who constantly uses up his or her sick leave entitlement in a calendar year?
No, no action can be taken against an employee who uses his/her sick leave frequently.
4. How to accommodate such action?
The employer can’t question the rights of an employee to have his/her sick leave (in our case apply for MCs). Only the Parliament has the right to reduce such right to such extent that the liberty of any employee under the Constitution not deprived. The employer has no right to take any action to such employee. However, the employer can use his/her frequent tendency to such occasion by using “the non-performance” and “non-productive” defence. As long as it does not exceed the entitlement limit, no disciplinary action can be taken. It is of the employee rights, and such right can’t be abolished at the convenient of the employer.
Source of Information: Tuan Haji Abdul Razak Ahmad, IR Officer, Menara PERKESO.
To summarize:
☺ The Doctor Study very hard years for their PhD’s and nobody can question the medical certificate issued to them.
☺ If you started questioning, you also can be a Doctor of your own world.
Thank you for your precious time reading the short information with regards to the statutory rights under Employment Act 1955.
Length of Service Entitlement per year
Less than 2 years 14
2 years but less than 5 years 18
5 years and above 22
3. Can the employer take any kind of disciplinary action against an employee who constantly uses up his or her sick leave entitlement in a calendar year?
No, no action can be taken against an employee who uses his/her sick leave frequently.
4. How to accommodate such action?
The employer can’t question the rights of an employee to have his/her sick leave (in our case apply for MCs). Only the Parliament has the right to reduce such right to such extent that the liberty of any employee under the Constitution not deprived. The employer has no right to take any action to such employee. However, the employer can use his/her frequent tendency to such occasion by using “the non-performance” and “non-productive” defence. As long as it does not exceed the entitlement limit, no disciplinary action can be taken. It is of the employee rights, and such right can’t be abolished at the convenient of the employer.
Source of Information: Tuan Haji Abdul Razak Ahmad, IR Officer, Menara PERKESO.
To summarize:
☺ The Doctor Study very hard years for their PhD’s and nobody can question the medical certificate issued to them.
☺ If you started questioning, you also can be a Doctor of your own world.
Thank you for your precious time reading the short information with regards to the statutory rights under Employment Act 1955.
We will get back to Jasman Saidin case on the next post.
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