People often ask me, “Aunty, my company said they won’t cover my medical claims because I’m under probation. Is that legal?”
Let’s break it down into two key considerations:
1. The right to medical claims
2. The right of a probationer
First, let’s address the medical claims. According to the Employment Act 1955, Section 60F(1) on sick leave entitlement:
“An employee shall, after examination at the expense of the employer…. be entitled to paid sick leave…”
The important phrase here is “after examination at the expense of the employer”. This means the company is liable for consultation fees only. Costs for medication, tests, or clinic’s admin fees are not included. If you decide to lodge a complaint with JTK, you need the clinic to provide a breakdown of the bill, and only claim the consultation fee portion.
Now, what about probationers? The Employment Act 1955 applies to all private sector employees in Semenanjung Malaysia and WP Labuan. If you meet these criteria, it doesn’t matter if you’re on probation – you are entitled to the same medical benefits as defined under the Act.
Hope this clarifies!
Oh, before I go, I just want to add this. It’s a fierce, competitive job market. If you want to attract and retain top talent, your compensation and benefits package matters. And throughout my career, I’ve seen great candidates slip through our fingers simple because our medical benefits weren’t as competitive as other industries.
Medical benefits are one of the most sought-after perks. If you want better candidates, you need better benefits.
Gitu.
xoxoxo, AuntyHR
