Section 72
Sick leave
(1)
Any employee who has served an employer for a period of not less than 6 months shall, after undergoing a medical examination at the expense of the employer by a medical practitioner be entitled to paid sick leave not exceeding in the aggregate —
(a)
14 days in each year if no hospitalisation is necessary; or
(b)
60 days in each year if hospitalisation is necessary, as may be certified by the medical practitioner:
Provided that the Minister may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, by notification published in the Gazette, if he thinks that it is in the public interest to do so, fix a different period in respect of which any employee has served an employer for the purposes of this subsection, and the notification shall be effective until it is revoked by the
Minister.
(2)
Notwithstanding subsection (1), if an employee is hospitalised for less than 46 days in any one year, his entitlement to paid sick leave for that year shall not exceed the aggregate of 14 days plus the number of days on which he was hospitalised.
(3)
If an employee is certified by the medical practitioner to be ill enough to need to be hospitalised but is not hospitalised, the employee is deemed to be hospitalised for the purposes of this section.
(4)
An employee who absents himself on sick leave —
(a)
which is not certified by a medical practitioner; or
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(b)
which is certified by a medical practitioner, but without him informing or attempting to inform his employer of such sick leave within 48 hours of its commencement, is deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
(5)
The employer shall pay the employee for every day of such sick leave —
(a)
where no hospitalisation is necessary, at the gross rate of pay excluding any allowance payable in respect of shift work; and
(b)
where hospitalisation is necessary, at the gross rate of pay.
(6)
Notwithstanding subsection (5), no employee shall be entitled to paid sick leave —
(a)
on a rest day or on a public holiday to which he is entitled under section 63 or 70;
(b)
on any day of paid annual leave;
(c)
on a day when he is not required to work under his contract of service; or
(d)
on a day when he is on leave of absence without pay granted by the employer at his request.
(7)
No employee shall be entitled to paid sick leave for the period during which he is receiving compensation for temporary incapacity under paragraph 3 of the Third Schedule to the Workmen’s Compensation Act
(Chapter 74).