Dear All,

I have an employee who is going for unpaid leave for 9 months. As per to date, she has over utilised her prorated annual leave. How about medical leave? Should it be prorated too or she can used up all her 14 days outpatient sick leave. Please advise.

Thank you.

Rosie

REPLY 1

Hi,

If the staff is fully covered by EA, and this person had joined the company for more than 6 mths, the entitlement will always be 14 days (min) per annum which cannot be prorated.

If this is not stated in the contract, just rely on market practices.

Warmest Regards,

Hans

REPLY 2

Medical Leave cannot be prorated so she will be entitled to the full 14 days.  However, she is not entitled to unpaid leave during her medical leave.

Regards
Munjit

REPLY 3

Sick leave is for an employee who is seen by a doctor and is declared unfit. Thus he or she is entitled to the benefit for the day or days as certified by the doctor. 

Sick leave does not compensate for unpaid leave and thus should not be utilised as such.

Susie

REPLY 4

As long as the employee has worked with you guys for 6 months or more, she is entitled to the full 14 days of outpatient leave.

Michelle

REPLY 5

If she has completed her first 6 months with the company, sick leave cannot be prorated per MOM.

Thank you

Sharon

REPLY 6

Hi

While on unpaid leave, all benefits/entitlements will be suspended.  Hence the staff will not be entitled to MC while on unpaid leave.  This is stated in the Employment Act as follows:

Even if you are granted medical leave by a doctor, you are not entitled to paid sick leave during:

• Rest days
• Public holidays
• Non-working days
• Annual leave
• Unpaid leave

 Thanks.

Karen

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