I have a staff who had joined the company mid Jun 2012, and she is not covered under employment act. Is it right for us to pro-rate her medical leave entitlement since she did not complete full year service? Are we against any law or legislation if we were to deduct her salary for over-consume of her pro-rated medical leave (e.g. 7 days entitlement)?
In general, employer may pro-rate an employee annual leave but not medical leave unless the latter has served employment for less than 6 months. The pro-ration will be as below:
Length of Service
|
Sick Leave (working days)
|
3 to < 4months
|
5
|
4 to < 5months
|
8
|
5 to < 6 months
|
11
|
≥ 6 months
|
14
|
Over-consumed medical leave in excess to the entitlement shall be treated as unpaid medical leave, and should your staff fall within the above the category, i.e. less than 6 months, you may deduct her salary accordingly.
