Podcast
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?
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?
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?
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
How long must records of prepared rosters be preserved?
How long must records of prepared rosters be preserved?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
What type of work is exempt from the regulations on rest days?
What type of work is exempt from the regulations on rest days?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
What is the relationship between annual leave and public holidays?
What is the relationship between annual leave and public holidays?
Signup and view all the answers
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)?
Signup and view all the answers
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?
Signup and view all the answers
Which of the following is NOT included as a gazetted public holiday?
Which of the following is NOT included as a gazetted public holiday?
Signup and view all the answers
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?
Signup and view all the answers
How can an employee substitute their entitled public holiday?
How can an employee substitute their entitled public holiday?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge on employee leave policies, including sick leave, paternity leave, and notification requirements. This quiz covers various conditions and entitlements related to employee benefits and rights. Perfect for HR professionals and employees seeking to understand their rights better.