The Scenario

An employee obtains a valid medical certificate (MC) from a registered doctor. The MC states he is unfit for work for one or two days. However, on the same day, his boss sees him at a shopping mall accompanying his wife. When questioned later, the employee admits the MC is genuine, but he explains that he was “not too sick” and just went shopping for a short while.

The employer now asks: Is this acceptable? Can an employee on sick leave go shopping? And is it misconduct that could justify disciplinary action?

The Law

1. Employment Act 1955 (Act 265)
   • Section 60F entitles employees to paid sick leave if certified unfit for work by a registered medical practitioner.
   • The MC is proof that the employee has been assessed and certified unfit for duty.
   • However, the Act does not explicitly say what an employee can or cannot do during the period of sick leave.
2. Misconduct under Section 14
   • Section 14 of the Act allows an employer to dismiss, downgrade, or impose lesser punishment on an employee for misconduct after due inquiry.
   • Misconduct is not exhaustively defined in the Act, but Industrial Court cases treat dishonesty, abuse of sick leave, and conduct undermining the employment relationship as misconduct.
3. Industrial Relations Act 1967
   • Employees dismissed without just cause or excuse can challenge under Section 20.
   • The Industrial Court would then decide whether going shopping while on MC constitutes “just cause” for disciplinary action or dismissal.

Case Law Principles (Industrial Court)

In Malaysian Industrial Court jurisprudence:

• MC = Unfit for Work, Not Bedridden
  A medical certificate means the employee is not fit to perform work duties. It does not always mean the employee must remain in bed all day. For example, mild flu or stress-related MCs may allow light personal activities.
• Misuse of MC = Misconduct
  However, if the employee engages in activities that clearly contradict the reason for the MC (e.g., playing football while on MC for back pain, moonlighting at another job during sick leave), this can amount to misconduct.
• Shopping While on MC
  Courts often draw a distinction between minor activities (e.g., accompanying spouse to buy essentials) and activities inconsistent with illness or rest. If the employee was able to shop but claimed to be too sick to work, the employer may argue abuse of trust. The Court will consider:
  • The seriousness of the illness.
  • The nature of the shopping activity (short errand vs. heavy leisure outing).
  • Whether the employee acted dishonestly.

Lessons

For Employees:

• An MC does not give a free pass to do anything. It is issued because you are unfit to work.
• While minor errands may be acceptable, engaging in activities inconsistent with your declared condition may be seen as abusing sick leave.
• If caught, honesty is critical. But claiming “not so sick” may backfire, as it undermines the credibility of the MC.

For Employers:

• Do not rush to terminate. Even if you see an employee shopping, conduct a domestic inquiry first.
• Investigate whether the MC was genuine (verify with the clinic if necessary).
• Evaluate the severity of the misconduct: Was the shopping a brief, necessary outing, or a full leisure day inconsistent with the sickness?
• Consider progressive discipline (e.g., warning) unless the case shows clear dishonesty or abuse.

For HR Practitioners:

• Set clear policies in employee handbooks: state that MC is for rest and recovery, and employees should avoid activities inconsistent with being unfit for work.
• Communicate expectations during onboarding so employees understand the boundaries.

Conclusion

So, is it legal for an employee on MC to go shopping?

• Technically, yes, an MC is valid and entitles the employee to sick leave. The law does not prohibit going outside.
• But, if the employee’s actions appear inconsistent with their sickness, it may be seen as abuse of sick leave or misconduct.
• Whether disciplinary action (including termination) is justified depends on the context, the severity of the illness, and whether trust has been broken.

The safest position: an MC means rest. Employees should limit non-essential activities. Employers, meanwhile, should balance fairness with discipline, ensuring any action is backed by due inquiry and evidence.