Home / Summaries / Employment Legislation and Practices (ELP) / leave-employee-sick

The Essential Features of the Employment Act

3 important questions on The Essential Features of the Employment Act

Can an employee start work with a new employer while still serving notice of termination with a current employer?

The employee serving the notice of termination is still considered an employee of the current employer. Unless the current contract of employment allows the employee to work with another employer before the date of termination, this employee has to seek written permission from the current employer to do so.

Are employees who fall sick on a rest day or a public holiday eligible for paid sick leave? Give reasons for your answer.

No, an employee will not be entitled to paid sick leave on these days even if a medical leave is given by a doctor.

This is because the employee is not required to report for work on these days and there is therefore no necessity to apply for sick leave to stay away for work.

However, the employee is entitled to claim for the medical examination fee. The employee's entitlement to claim for other medical expenses would depend on the medical benefits provided in the employment contract.

Can an employee who falls sick on his/her annual leave cancel the leave and claim the sick leave entitlement instead?

If an employee falls sick on the annual leave, absence from work would still be treated as annual leave and not sick leave.

However, the employer may cancel the annual leave and as a concession, allow the employee to take sick leave instead.

The question on the page originate from the summary of the following study material:

Employment Legislation and Practices (ELP)

View summary