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Circumstantial Leaves

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1 year 7 months ago - 1 year 7 months ago #4537 by Baptiste
Replied by Baptiste on topic Circumstantial Leaves
Yes. Those are already added for each employee, but you can imagine if employee X gets sick in August and they request the short term sick leave, they can use up the 15 days multiple times a year as long as they get sick, get healed and fall sick after some time. Unless I am misinterpreting the law. So the feature request would be to auto reset the sick leave entitlements.

The EMPLOYER shall grant the EMPLOYEE a short-term sick leave not exceeding fifteen (15) days for reasons of sickness ascertained by a recognised medical doctor. For the EMPLOYEE to benefit from the short-term paid sick leave, he/she MUST present to the employer a medical certificate signed by a recognised medical doctor justifying the employee’s inability to work.

In case a sick leave exceeds fifteen (15) days while ascertained by a medical committee composed of three (3) recognised medical doctors, the EMPLOYER shall grant the EMPLOYEE a long-term sick leave that cannot exceed six (6) months.

An EMPLOYEE, who is on a long-term sick leave, provided under the preceding paragraph shall be entitled to his/her full salary during the first three (3) months of leave.

In case an EMPLOYEE who has been on a payable sick leave for three (3) months continues the leave, he/she shall have the right to a non-payable work suspension for three (3) months. If an EMPLOYEE remains sick three (3) months after the suspension of work, the EMPLOYER shall have the right to terminate the employment contract in accordance with the provisions of the law.
Last edit: 1 year 7 months ago by Baptiste.
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1 year 7 months ago #4538 by Kap-Chew
Replied by Kap-Chew on topic Circumstantial Leaves
I am completely confused now.

If the law allows for 15 day short term sick leave a year, then setting a single 15 day short term sick leave will be enough. From my perspective, if the employee exceeds the 15 day entitlement, then he could only apply under unpaid leave. Otherwise, he needs to be recognised by 3 medical doctors to entitle him for the 6-month long term sick leave. In either case, all I see is only one 15 day short term leave and one 6-month long term sick leave for an employee.
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1 year 7 months ago #4539 by Baptiste
Replied by Baptiste on topic Circumstantial Leaves
I agree with you. The law is confusing. So I will ask our legal advisor what the law means in those situations or if it means those are entitlements per year regardless if you get well and get sick again and the entitlements are reset.
The following user(s) said Thank You: Kap-Chew
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1 year 7 months ago #4542 by Baptiste
Replied by Baptiste on topic Circumstantial Leaves
This is the response from our legal:

"This is a short-term sick leave. The law provides that an employer grants an employee a short-term sick leave not exceeding fifteen (15) days for reasons of sickness ascertained by a recognized medical doctor.

These 15 days are counted as the time an employee takes such a leave. It can be possible to take it more than once since the sickness is on different occasions."
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1 year 7 months ago #4543 by Kap-Chew
Replied by Kap-Chew on topic Circumstantial Leaves
Does it mean your law requires you to grant an employee many 15-day short term leaves a year?

If that is the case, I think you may set up a 15-day short term sick leave entitlement for an employee, but the entitlement days could be set to 365 days.

Whenever an employee needs to apply for such leave, they could apply under this entitlement. The only thing is that you have to make sure that the employee does not apply for more than 15 days for each application.
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1 year 7 months ago #4546 by Baptiste
Replied by Baptiste on topic Circumstantial Leaves
I am not sure you are referring to something else, but that's what I did already.

Regarding making sure they don't request more than 15 days, I think you mean disabling "negative balance".

Can you walk me through if I am missing anything?

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