I often take sick leave, and my boss uses this as a reason to terminate my employment. Can he do this? Is this a fair termination?
As working people, we work hard, so we will have days when we feel sick or unwell. However, some companies even use the number of sick days of employees as a measure, evaluation, or even as a criterion for terminating employment. Is this company going too far?
Suppose that the company has an employee who frequently takes sick leave, about 30 days a year. That means that this employee only works 230 days a year (if working 5 days a week, that is 260 days a year).
And this same employee frequently takes sick leave like this every year. What will the company or the manager do?
Would you like this employee to continue working?
For the matter of sick leave
It is considered that all employees have the right to take sick leave if they are truly sick, but it must be done in accordance with the law.
If you are really sick and have frequent sick leave, no one will say anything if your work is not damaged.
But in many cases, it was found that employees were fake sick or politically ill, such as telling their boss that they were sick but ended up going to the mall and even posting pictures on Facebook for their friends at work to see. Doing this is not good for you at all. If the company or your boss finds out, you may be fired.
In some cases, employees are really sick, have chronic illnesses, need to take sick leave to see a doctor, or take sick leave frequently. The company or the boss takes the opportunity to pressure the employee and find a reason to terminate the employee because of frequent illness. This is considered unfair.
So, let’s take a look at what conditions are required for proper sick leave.
Sick leave rights that every employee or working person should know
According to the Labor Law, in a 1-year work cycle, referring to the company’s fiscal year, such as the calendar year from January to December, or in the case of a government or private organization, the fiscal year may start from October to September of the following year, etc.
Referring to the Labor Protection Act of 1998, Section 32, if within 1 year of employment, we are not in good health and truly sick, we can use the right to take leave as is. Throughout the period that we are sick, we must receive wages (or salary) throughout the sick leave period, but within one year it must not exceed 30 days.
But if we are sick for more than 30 consecutive days, we will not receive wages (or salary) for the days exceeding 30 days. And if we are sick and take sick leave for more than 3 consecutive days, the employer has the right to ask to see a medical certificate. We must show a first-class medical certificate or a medical certificate from a government hospital.
Additional issues regarding sick leave
Can employees take sick leave for more than 30 days?
- Yes, employees can take sick leave for more than 30 days as stipulated by law, but employers or companies will only pay for 30 days of salary or wages. However, taking too much sick leave can affect our ability and efficiency at work, and employers or companies may use this as a reason to terminate our employment. This type of termination must be one that requires compensation according to the law.
What if we have been sick for more than 3 days and do not have a medical certificate?
- This is considered a violation of sick leave regulations because the employee does not have a medical certificate, which may result in a warning for violating the regulations and taking action according to the agreement between the employer or company and the employee, which may also affect the annual performance evaluation. However, if it is discovered that it was not actually an illness, it will become a case of abandoning the duty, which may result in termination of employment.
If we take sick leave for no more than 3 days, is a medical certificate required to confirm?
- It is not necessary because it is not a legal requirement. However, if the employer or company requests a medical certificate from the employee, this action is considered to be violating the Labor Law, Section 32, which is a law that is above the company regulations.
If the sick leave is not genuine, what will be the consequences?
- Politically ill or fake illness is considered as an employee’s neglect of duty and may be considered as having dishonest intentions towards the employer or company. In this case, the employer can terminate the employee without having to pay any compensation if the employer or company can prove that the employee did not actually say that he/she was sick.
If you are a daily employee, do you have the right to sick leave?
- It is possible because in reality, daily employees have the same rights as general employees regarding leave and sick leave, referring to the Labor Law, Section 32, Labor Protection Act 41, which the requirements and rules are the same, namely, the employee must be truly sick and must not take leave more than 30 times per year.
If I am not feeling well and have to take sick leave on top of a holiday or on a holiday, can I do that?
- Sick leave overlapping a holiday or following a holiday, for example, sick leave on Monday will get Saturday, Sunday and Monday off, losing one day of leave but getting a long holiday of 3 days, etc. In this case, it is considered that the employee has used up only one day of leave. In the case of leave overlapping or following a holiday, the employer or company cannot issue a rule forcing employees not to take sick leave because it would be against the law. As for the rights of employees, if they are truly unwell or really sick, they can take leave any day, but they should not take sick leave to the point that it affects their work.
Conclusion
Therefore, if anyone follows the above law and is bullied by the employer because they see them as sickly or see that they take leave often and it is not worth the salary and are fired from the job, it is considered an unfair dismissal. The employee can claim for damages and compensation for dismissal.
Therefore, in terms of sick leave, if we do not violate the conditions, we can take sick leave. Health is important. Don’t get sick and then have to come to work. Because if we die, it’s not worth it.
If we did not violate the terms and conditions of sick leave (did everything correctly), but the company used this as a reason to terminate our employment, we can file a lawsuit against the company, stating that it was an unfair termination.
Finally, let’s not forget that we are humans, not machines. We can get sick.
thank you
Information from the Ministry of Justice www.moj.go.th
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