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Questions and Answers
An employee is deemed to be absent without permission if they take sick leave without a medical certificate, or in the case of having a certificate they did not inform their employer within what time-frame?
An employee is deemed to be absent without permission if they take sick leave without a medical certificate, or in the case of having a certificate they did not inform their employer within what time-frame?
- 48 hours from commencement of leave (correct)
- 48 hours from the employer being notified
- 72 hours from commencement of leave
- 24 hours from commencement of leave
An employee with 6 years of service requires hospitalization. What is the maximum amount of paid sick leave they are entitled to for a year?
An employee with 6 years of service requires hospitalization. What is the maximum amount of paid sick leave they are entitled to for a year?
- 22 days, and an additional 38 days if hospitalization is certified
- 60 days, inclusive of any other sick leave entitlement (correct)
- 18 days, plus additional days as per hospitalization
- 22 days, plus additional days as per hospitalization
What is the minimum period of employment required for a married male employee to be eligible for paid paternity leave?
What is the minimum period of employment required for a married male employee to be eligible for paid paternity leave?
- 6 months immediately before the commencement of leave
- 24 months immediately before the commencement of leave
- 9 months immediately before the commencement of leave
- 12 months immediately before the commencement of leave (correct)
Under what condition related to notifying the employer about the pregnancy, will a married male employee be entitled to paternity leave in a case of a birth?
Under what condition related to notifying the employer about the pregnancy, will a married male employee be entitled to paternity leave in a case of a birth?
A male employee has been working for his current employer for 3 years. He has used 10 days of sick leave already this year, and he now requires 7 days off for a non-hospitalization medical reason. What is the implication for him?
A male employee has been working for his current employer for 3 years. He has used 10 days of sick leave already this year, and he now requires 7 days off for a non-hospitalization medical reason. What is the implication for him?
What is the minimum required duration for a rest day for shift workers?
What is the minimum required duration for a rest day for shift workers?
What must employers do at the beginning of each month regarding employee rest days?
What must employers do at the beginning of each month regarding employee rest days?
How long must records of prepared rosters be preserved?
How long must records of prepared rosters be preserved?
Under what condition can an employee be compelled to work on a rest day?
Under what condition can an employee be compelled to work on a rest day?
What is the significance of the case Malayan Commercial Banks Association & Anor v Association of Bank Officers?
What is the significance of the case Malayan Commercial Banks Association & Anor v Association of Bank Officers?
What should an employer do when the same day is appointed as a rest day for all employees?
What should an employer do when the same day is appointed as a rest day for all employees?
What type of work is exempt from the regulations on rest days?
What type of work is exempt from the regulations on rest days?
What is the primary role of the Director General in relation to disputes about rest days?
What is the primary role of the Director General in relation to disputes about rest days?
If an employee becomes eligible for maternity leave while on annual leave, what happens to the annual leave?
If an employee becomes eligible for maternity leave while on annual leave, what happens to the annual leave?
What is the consequence if an employee does not apply for annual leave during the year?
What is the consequence if an employee does not apply for annual leave during the year?
If an employer rejects an employee’s application for annual leave, what is the employer required to do at the end of the year?
If an employer rejects an employee’s application for annual leave, what is the employer required to do at the end of the year?
Upon termination of employment, what is an employee entitled to regarding paid annual leave?
Upon termination of employment, what is an employee entitled to regarding paid annual leave?
What rate of pay is an employee entitled to receive during the period of their paid annual leave?
What rate of pay is an employee entitled to receive during the period of their paid annual leave?
If an employee’s contract of service is terminated before they have used all their annual leave, under what conditions is the employer NOT required to pay for the remaining leave?
If an employee’s contract of service is terminated before they have used all their annual leave, under what conditions is the employer NOT required to pay for the remaining leave?
Who is responsible for covering the cost of an employee's medical examination for sick leave?
Who is responsible for covering the cost of an employee's medical examination for sick leave?
Under what circumstances can an employer accept a medical certificate from a non-panel doctor for sick leave?
Under what circumstances can an employer accept a medical certificate from a non-panel doctor for sick leave?
What is the daily wage of a worker if their monthly wage is RM1,200?
What is the daily wage of a worker if their monthly wage is RM1,200?
What is the total amount an employee is entitled to receive for working on Independence Day, including overtime, if their monthly wage is RM1,200?
What is the total amount an employee is entitled to receive for working on Independence Day, including overtime, if their monthly wage is RM1,200?
According to the content, what is the legal basis for an employer requiring an employee to work on a public holiday?
According to the content, what is the legal basis for an employer requiring an employee to work on a public holiday?
What is the minimum number of annual leave days an employee with 3 years of service is entitled to?
What is the minimum number of annual leave days an employee with 3 years of service is entitled to?
What is the rate of pay for overtime work done on a public holiday?
What is the rate of pay for overtime work done on a public holiday?
What is the legal consequence for an employee who takes leave without permission?
What is the legal consequence for an employee who takes leave without permission?
What is the relationship between annual leave and public holidays?
What is the relationship between annual leave and public holidays?
What is the main point conveyed in the case of Oriental Star Lumut Park Resort Sdn Bhd v Mansor Daoh (1996)?
What is the main point conveyed in the case of Oriental Star Lumut Park Resort Sdn Bhd v Mansor Daoh (1996)?
How much is the total wage for the day if 100 units are produced?
How much is the total wage for the day if 100 units are produced?
Which of the following is NOT included as a gazetted public holiday?
Which of the following is NOT included as a gazetted public holiday?
What happens if a public holiday falls on a worker's rest day?
What happens if a public holiday falls on a worker's rest day?
How can an employee substitute their entitled public holiday?
How can an employee substitute their entitled public holiday?
What is the fate of a public holiday that falls during an employee's sick leave?
What is the fate of a public holiday that falls during an employee's sick leave?
What rate must a worker be paid if they are requested to work on a public holiday?
What rate must a worker be paid if they are requested to work on a public holiday?
According to Section 60D(2A), how is holiday pay determined for an employee on a monthly rate?
According to Section 60D(2A), how is holiday pay determined for an employee on a monthly rate?
What is the minimum number of gazetted public holidays employees are entitled to in a year?
What is the minimum number of gazetted public holidays employees are entitled to in a year?
What is the payment for a daily-paid employee working on a rest day for a period that does not exceed half of his normal hours of work?
What is the payment for a daily-paid employee working on a rest day for a period that does not exceed half of his normal hours of work?
If a monthly-paid employee works for more than half but not exceeding his normal hours on a rest day, what will be his payment?
If a monthly-paid employee works for more than half but not exceeding his normal hours on a rest day, what will be his payment?
What is the overtime payment rate for any work carried out in excess of the normal hours on a rest day?
What is the overtime payment rate for any work carried out in excess of the normal hours on a rest day?
For a worker who is paid on a piece rate basis working on a rest day, how is his payment calculated?
For a worker who is paid on a piece rate basis working on a rest day, how is his payment calculated?
What would be the wages for a worker with a daily wage of RM30 who works on a rest day from 8 am to 12 pm?
What would be the wages for a worker with a daily wage of RM30 who works on a rest day from 8 am to 12 pm?
If a worker's monthly wage is RM650, what are his daily wages?
If a worker's monthly wage is RM650, what are his daily wages?
When a worker works during a rest day from 8 am to 4 pm, having a normal hourly wage of RM2.75, what will be the total payment, assuming he does 10 hours of work?
When a worker works during a rest day from 8 am to 4 pm, having a normal hourly wage of RM2.75, what will be the total payment, assuming he does 10 hours of work?
What time duration qualifies a daily-paid employee to receive two days' wages if working on a rest day?
What time duration qualifies a daily-paid employee to receive two days' wages if working on a rest day?
Flashcards
Employee's Right to Rest Day
Employee's Right to Rest Day
Every employee is entitled to at least one rest day per week. If an employee has multiple rest days, the last one is considered the 'official' rest day.
Rest Day for Shift Workers
Rest Day for Shift Workers
Shift workers are entitled to a continuous rest period of at least 30 hours. This is calculated from the end of their last working shift.
Rest Day Schedule
Rest Day Schedule
Employers must create a monthly schedule, informing employees of their assigned rest days. This can be displayed as a list or a single, visible notice for all employees.
Keeping Rest Day Records
Keeping Rest Day Records
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Working On Rest Day
Working On Rest Day
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Director General's Role in Rest Day Disputes
Director General's Role in Rest Day Disputes
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Banking and Essential Services
Banking and Essential Services
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Malayan Commercial Banks Case
Malayan Commercial Banks Case
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Rest Day Pay - Less than Half Normal Hours
Rest Day Pay - Less than Half Normal Hours
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Rest Day Pay - More than Half Normal Hours
Rest Day Pay - More than Half Normal Hours
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Monthly/Weekly Employee: Rest Day Pay - Less than Half Hours
Monthly/Weekly Employee: Rest Day Pay - Less than Half Hours
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Monthly/Weekly Employee: Rest Day Pay - More than Half Hours
Monthly/Weekly Employee: Rest Day Pay - More than Half Hours
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Overtime Pay on Rest Day
Overtime Pay on Rest Day
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Piece Rate Workers on Rest Day
Piece Rate Workers on Rest Day
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What 5 public holidays are mandated by law?
What 5 public holidays are mandated by law?
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Who chooses the remaining public holidays?
Who chooses the remaining public holidays?
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What happens if a public holiday falls on a worker's rest day?
What happens if a public holiday falls on a worker's rest day?
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Can an employee work on a public holiday?
Can an employee work on a public holiday?
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What happens if a public holiday falls during leave or disability?
What happens if a public holiday falls during leave or disability?
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How is holiday pay calculated for monthly employees?
How is holiday pay calculated for monthly employees?
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What is the pay for working on a designated public holiday?
What is the pay for working on a designated public holiday?
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Does the premium rate apply for short workdays on a public holiday?
Does the premium rate apply for short workdays on a public holiday?
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Working on Public Holidays
Working on Public Holidays
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Overtime on Public Holidays
Overtime on Public Holidays
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Annual Leave Duration
Annual Leave Duration
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Applying for Annual Leave
Applying for Annual Leave
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Paid Annual Leave vs. Rest Days
Paid Annual Leave vs. Rest Days
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Daily Wage Calculation
Daily Wage Calculation
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Public Holiday Wage
Public Holiday Wage
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Overtime Wage on Public Holiday
Overtime Wage on Public Holiday
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Annual Leave and Sick/Maternity Leave
Annual Leave and Sick/Maternity Leave
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Forfeiting Annual Leave
Forfeiting Annual Leave
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Rejected Annual Leave
Rejected Annual Leave
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Annual Leave Before Termination
Annual Leave Before Termination
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Annual Leave Pay
Annual Leave Pay
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Annual Leave Pay Upon Termination
Annual Leave Pay Upon Termination
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Paid Sick Leave
Paid Sick Leave
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Sick Leave and Non-Panel Doctors
Sick Leave and Non-Panel Doctors
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Sick Leave Without Proper Notice
Sick Leave Without Proper Notice
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Sick Leave Entitlement Based on Service
Sick Leave Entitlement Based on Service
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Hospitalization and Paid Medical Leave
Hospitalization and Paid Medical Leave
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Paternity Leave Entitlement
Paternity Leave Entitlement
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Qualifications for Paternity Leave
Qualifications for Paternity Leave
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Study Notes
Chapter 5: Holidays and Leave
- Rest Day (Section 59): All employees are entitled to one rest day per week.
- If an employee is allowed more than one rest day, the last one is considered the rest day.
- A continuous period exceeding 30 hours constitutes a rest day for shift workers.
- For instance, those working the second shift (3pm to 11pm) must have a rest day that lasts at least 30 hours starting from the last working hours (11pm).
- Roster (Section 59(2)): Employers must create a roster outlining rest days before the start of the month.
- This roster must specify when the rest days are.
- Employers can display a notice instead of a roster if all employees' rest days are the same day each week.
- Roster Preservation (Section 59(3)): Employers must keep the roster (and any relevant recordings) for at least six years after the end of the month for which it was made.
- Compelled Work on Rest Days (Section 60(1)): Employees cannot be forced to work on a rest day unless their work must run continuously or in shifts.
- Dispute Resolution (Section 60(1)): In disputes, the Director General has the power to rule on whether work must be carried on continuously or in shifts.
- Work During Rest Days (Section 60(2)): Rest days can be used for services deemed essential, under Section 60A(2)(f) Employment Act 1955.
- Daily/Hourly Pay (Section 60(3)(a)): Employees on daily or hourly rates get paid for work on rest days, up to half their normal work hours, at their ordinary pay rate.
- Example (Section 60(3)(a)): Daily wages for worker A is RM30, and normal working hours are 8am-4pm. If worker A works from 8am to 12pm on a rest day, their wages for that day are RM30.
- Daily/Hourly pay (Section 60(3)(b)): If the work exceeds half the normal working hours but does not exceed total working hours, wages are calculated as two days' ordinary pay.
- Example (Section 60(3)(b)): Worker A works from 8 am to 4pm their wages for that day are RM60.
- Piece Rate (Section 60(3)(c)): An employee on piece rates earns double their usual piece rate on a rest day.
- Calculation Example: (Section 60(3)(c)): If a worker gets paid RM5 per unit and they produce 100 units on a rest day, their total wages is RM 1000.
- Public Holidays (Section 60D): Employees get paid at their ordinary rate for public holidays.
- Public Holidays (Section 60D(1)): Eleven gazetted public holidays, with five specifically named (National Day, Ruler's Birthday, Yang Di-Pertuan Agong's Birthday, Workers' Day, and Malaysia Day).
- Further Public Holidays (Section 60D(1)(b)): Other public holidays are appointed.
- Public Holiday Notice (Section 60D(1A)): Employers must display notice of public holidays clearly.
- Public Holidays on Rest Days (Section 60D(1B)): If a public holiday falls on a rest day, the next day becomes the paid public holiday.
- Substitution of Public Holidays: (Section 60D(1B)): Public holidays can be substituted with other days by mutual agreement between the employer and employee.
- Public Holiday Work (Section 60D(3)(a)): If an employee is asked to work on a public holiday, they must be paid a premium rate for the extra work.
- Example (Section 60D(3)(a)): If a worker's monthly wage is RM1200, then for extra work on a public holiday, the daily wage calculated will be RM92, and total wages will be RM138.
- Annual Leave (Section 60E): Length of service determines annual leave entitlement.
- Annual Leave (Section 60E(1)): Less than 2 years of service = 8 days.
- Two to 5 years of service = 12 days
- More than 5 years of service = 16 days
- Annual Leave Application (Section 60E(2)): Workers required to apply for leave; failure to do so results in forfeiture.
- If an application is rejected, the employer must compensate the employee for the lost leave.
- Annual Leave at Termination (Section 60E(2A)): Employees are entitled to remaining annual leave before termination of contract.
- Annual Leave Payment (Section 60E(3)): Employees are deemed to have received paid annual leave if they receive their monthly wages.
- Sick Leave (Section 60F): Workers get paid sick leave after medical examination by a designated doctor.
- Medical Examination (Section 60F): The employer pays for the medical check-up.
- Sick Leave without notification (Section 60F(2)): Workers who do not notify their employer within 48 hours that they are absent on sick leave cannot claim compensation.
- Sick leave allowance (Section 60F(aa)): Those working under 2 years get 14 days of sick leave, between 2-5 years of service get 18 days, and over 5 years of service get 22 days of sick leave per year. If hospitalization is needed, the sick leave allowance can be extended to 60 days.
- Paternity Leave (Section 60 FA): Married men get paid maternity leave under specified conditions.
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