Photo credit: Malay Mail, 2015
So, you’ve come across an employee who’s handed in a medical certificate (MC) that seems a bit too suspicious. You decide to dig a little deeper, and after a quick call to the clinic, your suspicions are confirmed—it’s a fake. Now, you’re left with a mix of frustration, disbelief, and a pressing question: what do you do next?
Before you decide, know that you're not alone in facing this issue. Fake MCs have been a persistent problem for employers in Malaysia. A Jobstreet study shows that at least 26% of Malaysian employees have admitted to falsifying their MCs to get an extra day off. And that’s just the tip of the iceberg—57% of employers report having received a fake MC from an employee at some point.
So, let’s talk about what you can do when faced with this situation.
Suspicious of a Fake MC? What Should You Do?
If you suspect that an employee has handed in a fake MC, your first reaction might be to confront them immediately. However, it's crucial to handle the situation with caution. Here are the steps you should consider:
Step 1: Verify the Authenticity of the MC
Start by checking if the MC is real. Contact the clinic or hospital mentioned on the certificate to see if it’s valid. This step is crucial—you don’t want to wrongly accuse someone without proper evidence.
Step 2: Document Everything
From the moment you suspect a fake document to the final resolution, keep a detailed record of all related documents, communications, and actions taken. This isn't just for HR purposes; it’s also a way to protect the integrity of your decisions and actions.
Step 3: Review Company Policy
With facts in hand, review your company's policy on misconduct, specifically regarding false documents. Fake MCs are typically considered major offences and are illegal under Malaysian law. This could result in disciplinary action like suspension, demotion, termination, or legal consequences.
Unsure how to handle misconduct? Check out our guide on workplace misconduct types and management here.
FAQs
1. Is it illegal for an employee to submit a fake MC in Malaysia?
Yes, submitting a fake MC is considered a serious offence under the Penal Code, punishable as forgery or fraud.
2. Can I terminate an employee for submitting a fake MC?
Yes, but follow the due processes. Immediate termination without due process can lead to claims of unfair dismissal.
3. Should I suspend the employee while investigating the issue?
Suspension might be appropriate if the investigation requires time and the employee's presence could affect the process.
4. What are the potential consequences for an employee who submits a fake medical certificate?
Consequences range from a warning to termination, potentially with legal repercussions if classified as fraud.
5. How can I prevent future occurrences of fake medical certificates?
Clear Policies: Implement clear guidelines and regularly remind everyone about the consequences of falsifying documents. Transparency discourages misconduct.
Random Verification: Occasionally verify submitted MCs to discourage fraudulent behaviour.
6. Are E-Medical Certificates (E-MC) acceptable for medical leave?
There's ongoing debate about whether e-medical certificates (e-MCs) are acceptable. While some employers and institutions accept them, others prefer traditional paper certificates. There's no clear-cut answer regarding their acceptance.
Encouraging a Culture of Honesty
At the end of the day, it’s not just about catching someone in the act. It’s about promoting an environment where honesty is the norm and everyone feels comfortable discussing their needs openly. Create an atmosphere where people can speak up without fear, and you’ll likely prevent such issues from happening in the first place.
Partner with HR Experts for Peace of Mind
Navigating complex HR issues like this can be challenging. At Synergy Outsourcing, we’re here to support you in maintaining compliance and best practices.
From crafting clear policies to managing employee relations, we’ve got your back.
Contact us today at 📞+6 010-277 0718 or 📩 info@synergy-outsourcing.com for more information.
