mcchicpix

A Malaysian student was recently issued a medical certificate from a clinic after being diagnosed with a case of “chicken chop”.

If you are wondering whether being officially diagnosed with a fictitious disease like “chicken chop” would help substantiate your application for sick leave, it is interesting to note that the Employment Act 1955 doesn’t specifically require or allow the employer to investigate into the validity of a medical certificate, even if the contents may seem suspicious. Sick leave entitlements for employees subject to the Employment Act 1955 only require an examination by a registered medical practitioner or medical officer.

 

Some company policies may, however, require the employee to agree to allow the employer to make necessary checks and verification with the clinic or hospital. Some employers may have reasonable grounds to suspect that medical certificates provided to them may not be genuine. Checks and verification of this nature should of course be subject to the usual principles of doctor-patient confidentiality and the Personal Data Protection Act.

Check out our previous article about sick leave entitlements in Malaysia for more information.

Case Study: "Natural Justice" and Unfair Dismissal
Managing Poor Performers

Latest Articles

Case Spotlight: Remuneration of Independent Non-Executive Director Not Subject to Employment Income Tax

by | January 10, 2025 |

Gains or profits made from employment are subject to income tax payments under section 4(b) of the Income Tax Act 1967 (“ITA 1967”).  However, […]

Case Spotlight: Non-Deposit of Agreements with Trade Unions at the Industrial Court

by | December 18, 2024 |

Once a collective agreement is signed between the employer and the trade union, section 16 of the Industrial Relations Act 1967 (“IRA 1967”) requires […]

Case Spotlight: Voluntary Separation Scheme or Unfair Dismissal?

by | December 11, 2024 |

In Tan Chin Lin v. Seagate Global Business Services (Malaysia) Sdn Bhd  [2023] MELRU 2260, the Industrial Court of Malaysia was tasked with determining […]

Share This