6. FAQs

 

• What are the conditions which enable an officer to request for a transfer?

Transfer request conditions:

• Work rotation purposes (term subject to type of agency);
• In line with career development plan; and
• Existence/submission of reasonable grounds and release from head of department

 

• Is promotion based solely on the performance score (Annual Performance Evaluation Report)?

No. Several other factors need to be considered, such as:

• Promotion course
• Interview
• Suitability and qualifications of personnel for the post to be filled based on endorsement of head of department/service

 

• Can the horizontal and vertical salary movements be given in excess of the quotas stipulated (2 and 3%)?

 

No, unless the quota has a limit of 0.5 and above. For example, if the horizontal quota of 2% is equivalent to 3.5 persons, then it may be rounded to 4 persons.

 

• Should a performance appraisal be prepared for an appraised officer who refuses to complete and sign the performance appraisal form?

The performance appraisal for such an appraised officer must also be prepared, and the officerÔÇÖs refusal may be considered an act of insubordination which may warrant appropriate action.

 

• If I have taken the induction course for my previous post, can I be exempted from attending the induction course for my new post?

You may be exempted from attending the induction course again provided the induction course you attended is for the same group as the post you are now holding.

 

• In the asset declaration form, in the column for the confirmation of the head of department, who is the head of department referred to, is it the secretary-general, director-general or director/undersecretary of a division or the head of a branch/section?

 

The head of department referred to in the form is the officer who heads an organisation and is the supervisor of the officers/staff under him/her. For officers/staff who work in a division/branch, their head of department is the head of the division or branch. For senior officers in the ministry such as divisional directors, their head of department is the secretary-general of the ministry.

 

• Can a statutory body appoint a new candidate to fill a promoted post?

 

In the civil service, the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005 do not prohibit the appointment to a promotional grade post by the appointing authority. However, a statutory body must refer to its constitution or regulations relating to service matters that are in force before it can proceed with the appointment as the provision of the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005 do not apply unless adopted by the management.

 

• How is the starting salary of an officer who has been confirmed in his/her old post and who has received clearance to be appointed to a new post in another public agency determined?

 

The starting salary should be determined according to Regulation (5) of the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005, i.e. the nearest higher salary point in the salary scale of his/her new post.

 

• What is the salary status of an officer who returns to his/her previous post after failure to be confirmed in service, as agreed by all parties?

 

Regulation (3) of the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005 enables an officer who returns to his/her previous post after failing to be confirmed in his/her new post to receive the same salary as he/she received the day before the officer was appointed to the new post.

 

• Are contract personnel entitled to unpaid leave and if granted, what about their remuneration?

The granting of such leave is subject to whether the facility is provided in the contract signed by the personnel. If it is provided and the facility has been used, then the remuneration shall be calculated on a pro rata (proportionate) basis, whereby the duration of the unpaid leave shall not be taken into account in the calculation.

 

• An administrative assistant who was appointed via the promotion by appointment process with effect from 1.8.1991 finds that the new salary offered is lower (the maximum salary of the new post does not cover the final salary in the old post) and he appeals to be considered for three salary movements to cover the shortfall.

 

This application cannot be considered as the method for determining the starting salary of staff under the promotion by appointment process as stated in Service Circular no 6 of 1997 effective 1.1.1992 does not apply to him. Neither is the regulation on the granting of salary movement applicable as its implementation is limited to specific posts based on academic qualification and skills.

 

• A search reveals that no guidelines can be found on the recruitment of temporary workers. An agency wishes to obtain the following information on temporary workers:-

 

In what circumstances may temporary workers be recruited?

 

• Procedure for recruitment of temporary workers;
• Leave for temporary workers; and
• Medical treatment for temporary workers
• The recruitment of temporary workers for a period not exceeding one year is one of the alternatives taken by heads of departments to manage existing workloads.┬á┬áHeads of departments┬ámay recruit temporary workers when their departments have urgent tasks which cannot be handled by the existing number of staff. This is explained in Service Circular no 9 of 1978 (SPP 9/1978).
• Payment of wages of temporary workers may be made through applications to the Organisational Development Division, Public Service Department and Ministry of Finance for financial allocation or through the existing allocation. The application procedure is explained in SPP 9/1978. Complete applications should furnish the following information:
  • details of the tasks to be performed;
  • post in the department which normally performs the tasks;
  • number of workers required;
  • time frame the tasks may be completed;
  • grounds or reasons why temporary workers are required; and
  • other relevant information.
  • Temporary workers are entitled to full-pay leave on completion of 23 working days but not exceeding 7 daysÔÇÖ leave in a calendar year. The balance of the leave not taken may not be brought forward to the following year. This entitlement is explained in Service Circular no 17 of 2005.
  • Temporary workers are entitled to free medical treatment for themselves but not their spouse and children in government clinics or hospitals. Ward entitlement shall not exceed second class. This is explained in Service Circular no 3 of 1994.

 

• Is a contract officer entitled to maternity leave?

 

Service Circular no 4 of 2005 states that female contract officers (Malaysians) are entitled to maternity leave of 60 days for a total of 5 times during their term of service with the government.

 

• What is the status of the seniority, promotion and annual salary movement of an officer on unpaid leave?

 

According to Service Circular no 14 of 2005, an officer on unpaid leave shall:

• lose his/her seniority for the period of unpaid leave;
• be entitled to be considered for promotion provided the officer has met the conditions stipulated in his/her scheme of service before the commencement of unpaid leave; and
• be entitled to salary movement not exceeding three (3) times during his/her term of service.

 

• What is the full-pay leave entitlement for temporary staff?

 

According to Service Circular no 17 of 2005, temporary staff is entitled to one (1) dayÔÇÖs full-pay leave for every 23 working days completed but this shall not exceed seven (7) days in a calendar year. The number of days which entitles temporary staff for full-pay leave is not limited to the working days in any particular month; the staff may accumulate the working days in other months so long as they are within the same year.

 

• What are the entitlements for sick leave and prolonged illness leave in a year and who is the approving authority?

The entitlements in a year (January to December) are:-

• Sick leave (full pay)
  Maximum: 90 days

Approving officer: head of department

• Sick leave (full pay)
  Maximum: 90 days
  Approving officer: secretary-general
• Prolonged illness leave (half pay)
  Maximum:  90 days
  Approving officer: head of department (on the recommendation of the Medical Board)
• Prolonged illness leave (no pay with allowance equivalent to half-pay)
  Maximum: 90 days
  Approving officer: secretary-general (on the recommendation of the Medical Board)

Prolonged illness leave may be repeated in the second year. After such period, if the staff member remains unfit for duty, he/she may be retired on the recommendation of the Medical Board.

 

• What action may be taken if the date of birth of an officer is wrongly recorded in the service book?

 

The officer may make an application to the head of department by submitting his/her birth certificate and certified copy of the identity card according to paragraphs 3 & 4 of Service Circular no 13 of 2002.

 

• Is it an offence for an officer to ask someone else to clock in/off for him/her?

Yes, as stated in paragraph 2.3, General Circular no 11 of 1981.

 

• What action needs to be taken against staff who come late to work without a valid excuse and who do not comply with the stipulated working hours?

The head of department needs to report the absence of the officer to the disciplinary authority as stated in paragraph 25, Part III of the Public Officers (Conduct and Discipline) Regulations ÔÇô Amendment 2002-LN(A) 246.

 

• What are the benefits of the quality control circle (QCC) in a department?

The benefits derived are as stated in paragraph 6 of Public Administration Development Circular no 7 of 1991.

 

• May a government officer view his/her Service Record Book?

Yes, as stated in paragraph 2.4 (d), Part II of Service Circular no 5 of 2007.

 

• May a member of the public service staff take unrecorded leave in the event of the death of an immediate family member?

Yes, as stated in paragraphs 3 (b) and 4 of Service Circular no 10 of 2002.

 

• May an officer in the support group who receives an honorary order or medal claim clothing allowance?

Yes, as stated in paragraph 6 of Service Circular no 16 of 2007 and paragraph 3. ii of Service Circular no 15 of 2007.

 

• What are the types of free medical treatment granted to lawful parents of an officer who opts for the New Remuneration System?

 

The free medical treatment granted to lawful parents is as stated in paragraph 8 (a) of the General Order, Chapter F (1974) and paragraph 3.3. of Service Circular no 1 of 1993.

 

• Can an officer who opts for the Employee Provident Fund (EPF) Scheme accumulate his/her leave for replacement leave purposes?

Yes, as stated in paragraphs 3 and 4 of Service Circular no 5 of 2004, Service Circular no 4 of 2003 and Service Circular no 7 of 2003.

 

• What service schemes are eligible for the critical service incentive payment?

A total of 36 service schemes are eligible for the critical service incentive payment as stated in paragraph 4 of Service Circular no 17 of 2007.

 

• Can a government officer obtain free treatment at the National Heart Institute?

Yes, as stated in paragraph 4 of Service Circular no 13 of 2007.

 

• Who is eligible to apply for replacement leave?

 

Replacement leave may be granted where an officer who is directed by the head of department to work overtime is not entitled to overtime pay or other special payments as stated in General Order 40, Chapter H.

 

• Is an officer who attends a course on a Saturday/Sunday/public holiday entitled to apply for replacement leave?

No.

 

• List the types of leave for which government officers are eligible to apply.

There are THREE (3) types of leave, namely rest leave, half-pay leave and unpaid leave as stated in paragraph 6 of the General Orders, Chapter 6 (1974) Leave.

 

• Can an officer who has been in government service for more than one year but has not been confirmed take unpaid leave on personal grounds?

 

Yes, as stated in paragraph 6 of General Orders, Chapter 6 (1974) Leave.

 

• What is quarantine leave?

An officer returning to Malaysia from abroad who is detained at any quarantine station by the health authority of a port or airport because of an outbreak of contagious disease at a port or airport he/she passes through or on board his/her flight is deemed, during such detention, to be on quarantine leave with full pay which is not to be deducted from the leave he/she is entitled to as stated in paragraph 24(a), General Orders, Chapter C 1974.

 

• Can bicycle allowance be paid to a general office assistant who uses his/her own bicycle to perform his/her official duties?

Yes, as stated in paragraph 4.10.1 of Treasury Circular no 3 of 2003.

 

• Is an officer who receives the federal incentive payment entitled to be paid cost of living assistance (COLA)?

No, as stated in paragraph 4 (c) of Service Circular no 28 of 2005.

 

• Can an officerÔÇÖs application for leave to perform a second pilgrimage be approved?

Pilgrimage leave is approved only once throughout the tenure of service of an officer as stated in paragraph 2(ii) of Service Circular no 4 of 1984.

 

• What retirement benefits are paid to an officer who accepts retirement in the public interest?

The officer will be paid benefits in the form of monthly pension, compensation, cash payment in lieu of replacement leave as stated in paragraph 3 of Service Circular no 23 of 2007, and medical treatment and facility for the retiree and family as stated in paragraph 5 of Service Circular no 4 of 2001.

 

• What posts may not be authorised for temporary assignment?

The posts that are not allowed to be temporarily assigned are as stated in paragraph 9 of Service Circular no 17 of 2007.

 

• Can an officer from the management and professional group participate actively in a political party?

No, as stated in paragraph 21 of Public Officers (Conduct and Discipline) Regulations (Amendment) 2002, LN (A) 246.

 

• Why isnÔÇÖt an officer who has passed level IV (General and Specific) of the Competency Level Assessment granted a salary shift (for appointment and promotion grade)?

The officer has to meet the following conditions stipulated in paragraphs 52 and 53 of Service Circular no 4 of 2002:

• For appointment grade, the officer has to be confirmed in service, passed the Competency Level Assessment specified, served not fewer than 3 years, have excellent performance and endorsement by the head of department.
• For promotion grade, the officer has to pass the Competency Level Assessment specified, remained in the promotion grade for not less than one year, have excellent performance and endorsement by the head of department.

 

• Who is eligible to be temporarily assigned to another post?

Paragraph 6 of Service Circular no 17 of 2007 states that officers who are authorised for temporary assignment must:

• be confirmed in service;
• if not confirmed, must be in service for at least one year;
• be the most senior, qualified and skilled officer; and
• have good performance.

 

• What are the criteria considered in the granting of critical service status to a service?

Paragraph 17 of Service Circular no 9 of 1991 and paragraph 30 of Service Circular no 4 of 2002 outline several criteria which must be met before a service can be prescribed as a critical service:

• role and contribution to the growth and economic development of the country;
• competition in the labour market for skilled personnel;
• qualifications and capabilities required in the service; and
• working environment.

 

• What types of assets may not be owned by a public officer?

A public officer may not own a commercial vehicle licence, public vehicle licence, entertainment business licence or apply and own government land for the purposes of logging and mining as stated in paragraph 26 of Service Circular no 3 of 2002.

 

• Can the unpaid leave taken to accompany a spouse working abroad be taken into consideration for retirement benefit?

No, as stated in paragraph 8 of Service Circular no 14 of 2005.

 

• What must be recorded in an officerÔÇÖs Service Record Book?

All information about the officer as stated in Part II, paragraphs 2.3 (a) to (e) of Service Circular no 5 of 2007.

 

• Can officers who take leave to take care of their children perform paid part-time work?

No, as stated in paragraph 3 of Service Circular no 14 of 2007.

 

• What is the definition of pensionable officers?

 

The definition of pensionable officers is as provided in paragraph 8 of the Pensions Act 1980 (Act 227).

 

 

• Is an officer who is declared bankrupt eligible for pension?

No, as provided in paragraphs 20 (1) and (2) of the Pensions Act 1980 (Act 227).

 

• What action can be taken against a public officer who commits sexual harassment at work?

Disciplinary action can be taken as provided in paragraphs 4.3 and 4.4 of Service Circular no 22 of 2005 and regulation 38 of the Public Officers (Conduct and Discipline) Regulations 1993 (Amendment) 2002.

 

• When may a Medical Board be established?

A Medical Board may be established according to the regulations in paragraph 19 of General Order, Chapter F, 1974.

 

 

• Does the first appraising officer need to inform the appraised officer about his/her score to avoid any dissatisfaction?

No. However, the first appraising officer should inform the appraised officer according to the appropriate method as stated in paragraph 26.17, Part VIII, Appendix A of Service Circular no 4 of 2002.

 

• Can an officer who is not satisfied with the date of promotion make an appeal?

Yes, as stated in paragraphs 19 and 20 (1) of the Public Service Promotion Board Regulations 1986, whereby an appeal may be made within thirty days of the date the decision of the Promotion Board is conveyed to the officer.

 

• Who is eligible to be considered for the Excellent Service Award?

Staff members who are eligible are as stated in paragraphs 5 and 6 of Public Administration Development Circular no 2 of 2002.

 

• Can a grade N1 general office assistant who has passed the Competency Level Assessment examination and has been in service for more than 10 years be given time-based promotion to grade N4?

No, because promotion within a post is based on conditions stipulated in the service scheme as outlined in Appendix A of Service Circular no 14 of 2006.

 

• What are the promotion-by-appointment posts that may be applied for by general office assistants?

There are eight (8) posts for general office assistants which provide for promotion by appointment as stated in Appendix A1 of Service Circular no 14 of 2006.

 

• What does jumud (obsolete) service mean?

The Public Service Glossary can be accessed at http://www.jpa.gov.my/daftar/d1.htm. Jumud (obsolete) service is no longer needed and all new appointments are frozen except the filling of promoted post which is vacated by the holder in the obsolete service.

 

• Can a public officer be seconded to a state public service, statutory body, local authority or any organisation in or outside Malaysia?

Yes, as provided in Part II, paragraph 12 of the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005 and paragraph 4 of Service Circular no 1 of 2007.

 

• What matters need to be stated in job vacancy advertisements for recruitment purposes?

The matters that need to be stated are mentioned in Part III, paragraph 14 (2) of the Public Officers (Appointment, Promotion and Termination of Service) Regulations 2005.

 

• Can heads of departments allow public officers with disabled children to use their working hours to manage their children?

Yes, by using specific times during normal working hours according to their respective needs as stated in letter, JPA (S) 1619 Klt. 11 (29) dated 30 August 2004.

 

• Can a department organise welfare programmes for its staff?

Yes, as stated in paragraph 1.24, Part 1 of General Office Management.

 

• Must the constitution/amendment to the constitution be distributed to all members?

Yes, as stated in paragraph 15, Annexure D of Service Circular no 2 of 1992, at least a month before the date of the meeting.

 

• What are the issues that can and cannot be raised/discussed in Departmental Joint Council meetings?

According to paragraph 9 of Service Circular no 3 of 2002, issues that can be discussed are those that relate to the terms of service, operations of the organisation as well as administration but not those that touch on government policies and personal matters. Nevertheless, policy issues can be clarified to facilitate implementation.

 

• Who is responsible for entering and updating personal records in the Human Resource Management Information System (HRMIS)?

Paragraph 8 (a) of Service Circular no 10 of 2007 states that all competency owners (COs) or public servants are responsible for entering their respective personal information themselves as soon as they report for duty. The COs are responsible for updating the data in the event of any change in personal records.