Our company operates 24/7, in a very remote place. Due to the nature of ongoing working environment, the workers are allowed to carry forward/accumulate their weekly rest day(sunday) and clear end of the month.

Recently, an employee applied for 5 days off. on his 2nd rest day, he obtained 2 days MC and returned to work on 7th day. Can he use mc to offset his rest days, and take longer leave?

Based on employment act, MC on rest day is not acceptable and will not be entitled to replacement. But would it be still the same for our case, where the rest days are not on sunday but carried forward to a latter date?

as we do not have proper HR department, he only informed his immediate supervisor that he has health issue (50++ y/o). technically, if we're sick and obtained MC on sunday, we're not entitled to additional day off. Unless that MC is obtained during PH or AL.

But in this case, we allow them to stay at site, keep the sundays, and take 4 or 5 days off end of the month. The reason because they stay far from working site, thus weekly 1 day alone is not enough to travel back and forth.

So if i consider these accumulated rest days equivalent to weekly sunday, his MC is not acceptable. But is it fair from the employees perspective ?

This post has been edited by cruel_boy: Aug 27 2014, 01:53 PM

On the contrary, Employment Act 1955 Section 60D(1b) states that



I believe that is because rest day(sunday) are not paid holidays (26 working days in a month, not 30/31), whereas public holiday and annual leave are paid holidays.


Anyhow, in my case i assume it is entirely up to the HR discretion. We do have an HR policy, but these were not clearly defined. But i did confirm with Pejabat Buruh, a weekly rest day is not entitled for replacement if the employee is sick and obtained MC, regardless of which day his rest day falls on as per his working schedule.

Thank you very much for all of your input guys.