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An employee has been absent for three days due to illness without informing his employer. He has a medical certificate from a registered doctor. According to section 60F(2), what is the status of his absence?
An employee has been absent for three days due to illness without informing his employer. He has a medical certificate from a registered doctor. According to section 60F(2), what is the status of his absence?
An employee with three years of service requires sick leave. He does not need hospitalization. According to the section related to sick leave, what is his sick leave entitlement?
An employee with three years of service requires sick leave. He does not need hospitalization. According to the section related to sick leave, what is his sick leave entitlement?
An employee with four years of service requires hospitalization certified by a registered practitioner. How many days of paid medical leave is he entitled to?
An employee with four years of service requires hospitalization certified by a registered practitioner. How many days of paid medical leave is he entitled to?
An employee has worked for a company for 15 months and his wife is expecting a baby. He has notified the employer of the pregnancy 15 days before the expected confinement date. How many days of paternity leave is he entitled to?
An employee has worked for a company for 15 months and his wife is expecting a baby. He has notified the employer of the pregnancy 15 days before the expected confinement date. How many days of paternity leave is he entitled to?
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A male employee has had three children from his first wife, and now has another child with his second wife. How many more times is he entitled to paternity leave?
A male employee has had three children from his first wife, and now has another child with his second wife. How many more times is he entitled to paternity leave?
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According to Section 60E(1B), what happens when an employee on paid annual leave becomes entitled to sick leave?
According to Section 60E(1B), what happens when an employee on paid annual leave becomes entitled to sick leave?
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Under what conditions does an employee forfeit their annual leave according to section 60E (2)?
Under what conditions does an employee forfeit their annual leave according to section 60E (2)?
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What is the employer's obligation if an employee’s leave application is rejected, according to Section 60E (2)?
What is the employer's obligation if an employee’s leave application is rejected, according to Section 60E (2)?
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According to Section 60E(2A), what can an employee do with their paid annual leave upon termination of their contract?
According to Section 60E(2A), what can an employee do with their paid annual leave upon termination of their contract?
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How is an employee on a monthly rate of pay deemed to have received their annual leave pay, according to Section 60E(3)?
How is an employee on a monthly rate of pay deemed to have received their annual leave pay, according to Section 60E(3)?
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According to Section 60E(3A), what happens if an employee's contract is terminated before they take their paid annual leave?
According to Section 60E(3A), what happens if an employee's contract is terminated before they take their paid annual leave?
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According to Section 60F(1), under what condition is an employee entitled to paid sick leave?
According to Section 60F(1), under what condition is an employee entitled to paid sick leave?
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According to Section 60F(1A), what other healthcare professional can provide a certificate for paid sick leave, besides a medical practitioner?
According to Section 60F(1A), what other healthcare professional can provide a certificate for paid sick leave, besides a medical practitioner?
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An employee on a daily rate works 3 hours on a rest day, and their normal work day is 8 hours. What should they be paid?
An employee on a daily rate works 3 hours on a rest day, and their normal work day is 8 hours. What should they be paid?
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An employee, paid monthly, works their full normal 8 hour shift on a rest day. What should they be paid?
An employee, paid monthly, works their full normal 8 hour shift on a rest day. What should they be paid?
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An employee on a monthly salary works 10 hours on a rest day when their regular shift is 8 hours. In addition to their full day rate, what pay should they receive for the extra two hours?
An employee on a monthly salary works 10 hours on a rest day when their regular shift is 8 hours. In addition to their full day rate, what pay should they receive for the extra two hours?
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A piece-rate worker completes piece work on a rest day. What is the correct pay for the day's piece work?
A piece-rate worker completes piece work on a rest day. What is the correct pay for the day's piece work?
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An employee, paid a daily wage, works 4 hours on a rest day when their normal working day is 8 hours. What payment should they receive?
An employee, paid a daily wage, works 4 hours on a rest day when their normal working day is 8 hours. What payment should they receive?
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An employee with a regular monthly salary who works for 3 hours on a rest day (when their normal working day is 8 hours). What should they be paid?
An employee with a regular monthly salary who works for 3 hours on a rest day (when their normal working day is 8 hours). What should they be paid?
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A worker on a daily rate works 7 hours on their rest day when their normal day is 8 hours. What wages are they entitiled to?
A worker on a daily rate works 7 hours on their rest day when their normal day is 8 hours. What wages are they entitiled to?
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An employee's monthly salary is RM520, and the normal working day is 8 hours. If the employee works 10 hours on a rest day, approximately how much are they be paid?
An employee's monthly salary is RM520, and the normal working day is 8 hours. If the employee works 10 hours on a rest day, approximately how much are they be paid?
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Study Notes
Chapter 5: Holidays and Leave
- Rest Day: Employees must be granted one rest day per week.
- Multiple rest days per week: If an employee is allowed more than one rest day per week, the last of those days is the rest day.
- Shift work rest days: A continuous period of at least 30 hours constitutes a rest day for shift workers.
- Roster preparation: Employers must create a roster detailing rest days before the start of the relevant month.
- Roster display: Instead of a roster, employers can display a notice indicating the fixed rest day for all employees in the workplace.
- Roster retention: Rosters and recorded information must be kept for at least six years.
- No compulsion to work on rest days: No employee can be forced to work on a rest day, except in situations where the work's nature requires continuous work or operation by two or more shifts.
- Dispute resolution: In cases of dispute, the Director General has the power to determine whether or not an employee's work requires continuous operations or multiple shifts.
- Banking services as essential service: Court ruled that bank workers can perform duties on rest days as banking services are considered essential services.
- Pay for rest day work: Employees working on a rest day, paid by the day, hour, or similar rate are paid their regular rate for up to half their normal work hours.
- Pay for rest day work - Example: If a worker's daily wage is RM30 and normal work hours are 8 am to 4 pm, and the worker works from 8 am to 12 pm on a rest day, they are paid RM30.
- Pay for rest day work exceeding half hours: If the duration of work exceeds half the normal hours, the employee is paid two days' wages at the original rate of pay. For instance, if a worker works from 8 am to 4 pm, and their salary is RM30/day, and they work from 8 am to 12 pm, the daily wages would be RM60.
- Pay who is on monthly/weekly rate: Employees on monthly or weekly pay, who work on a rest day for less than half their normal working hours, are paid half of their daily wage. For instance, a worker earns RM650/month, which is RM25/day, and works from 8 am to 12 pm, the rate is RM12.50.
- Pay for rest day work exceeding normal hours: For any work exceeding normal hours on a rest day, the worker is paid 2x the hourly rate.
- Piece-rate employees on rest days: Piece-rate employees are paid double their standard rate per piece if they work on a rest day.
Public Holiday
- Paid holidays: Employees are entitled to paid holidays on eleven gazetted holidays annually.
- Employer choice of extra holidays: Employers may choose to include an additional six holidays for their employees.
- Notice of public holidays: Employers should display a notice of remaining public holidays before the beginning of the calendar year.
- Public holidays falling on rest days: If a public holiday falls on a rest day, the next day is considered a public holiday.
- Substitutable holidays: Employees can mutually agree to substitute one public holiday with another day.
Annual Leave
- Length of annual leave: Depends on the employee's length of service.
- Workers with less than 2 years' service: 8 days per year
- Workers with 2-5 years' service: 12 days per year
- Workers with more than 5 years' seniority: 16 days per year
- Required application: Employees must apply for annual leave.
- Failure to apply for annual leave: If an employee fails to apply, they forfeit the leave.
- Rejection of annual leave application: If an application is rejected, the employee is still entitled to be paid for the leave that was not taken.
- Termination of employment: Employees are entitled to their owed annual leave upon termination, even if it is before the leave has been utilized.
Sick Leave
- Paid sick leave: Employees are eligible for paid sick leave after a medical examination and certification.
- Medical examination requirement: Before taking sick leave, employees must be examined by a panel doctor designated by the employer and get a medical report stating they are unfit for work; but if it is an emergency, a non-panel doctor's certification can be accepted.
- Leave notification: Sick leave must be notified to the employer within 48 hours of starting the leave.
- Sick leave without notification: Employees who do not notify their employer within 48 hours of commencing sick leave will be considered as unauthorized absence.
- Length of sick leave: The duration of sick leave depends on the years of service. Less than 2 years: 14 days/year. 2-5 years: 18 days/year. 5+ years: 22 days/year
Paternity Leave
- Entitlement to paternity leave: Male employees are entitled to paid paternity leave for a period of seven consecutive days per confinement.
- Limit to paternity leave: Paternity leave is restricted to five confinements.
- Conditions for paternity leave: Employees must meet the conditions, which is 12 months of employment with the same firm and to notify the company of the expected delivery of the spouse at least 30 days before or as soon as possible after the pregnancy.
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Description
This quiz covers the key aspects of holidays and leave policies as outlined in Chapter 5. It includes employee rest days, roster preparation, and dispute resolution regarding work schedules. Test your understanding of these important labor guidelines.
