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by sundaymorningstaple » Thu, 20 Aug 2009 5:41 pm
With my answer, I am assuming your employee falls under the guidelines of the Employment Act.
Your employee must provide either a Medical Certificate (for Sick Leave or for Hospitalization Leave). The Certified Doctor will make the determination as to whether it is Sick Leave or Medical Leave or a combination of both (two different certificates).
The law provides for up to 60 works days Hospitalization Leave per year. It also provided for up to 14 days Sick Leave per year. However, the aggregate total (combined total) cannot exceed 60 work days total.
Therefore, if an employee uses up all 14 days of "Sick Leave" then the employee only has a maximum of 46 work days of "Hospitalization Leave" available. If the Hospitalization Leave is given without the employee actually being warded in the Hospital it is still hospitalization leave and treated the same if the employee is able to provide the required Hospitalization Certificate signed & Chopped by the Government doctor.
If the Employee doesn't have a Medical Certificate for either, you have the option of treating it as Unpaid leave, or what ever you company policy is. The above rules are the minimum you are required to give your employee. The maximum is up to you, the employer as long as it is not less that that required by the Act.
In your case, I don't quite follow "the employee requests 30 days Hospitalization Leave" An employee does not request, it's determined by the examining doctor and it's already determined at that point (on the certificate) as to how it is to be treated provided which the employee still has available Sick or Hospitalization Leave available.
sms
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