Performance vs Sick Leave

I was told by my boss that my performance appraisal was good for YR2011 and he has suggested for my promotion to be carried out in July 2012. However, he told me recently our HR has brought up the issue that I have consumed 12 days of medical leave out of my entitlement of 14
days and HR want to stop my promotion.

My questions are as followed:

1) Does HR has the rights to penalize my promotion based on my medical leave?
Promotion is always at the discretion of the company. The performance of the employee shall not be penalized by the medical leave, however, company has all the rights not to grant the promotion, which the company can claim that your performance is not up to expecatation due to your attendance, productivity and contribution. Unless the company has quoted in black and white as your performance was not granted due to your sick leave (which they usually dont), there is nothing much you can do.

2) Medical leave is extended to all employees under the employment act. Will it form as a criteria for performance appraisal?
Well, it should not, but in actual fact, some company refer to the medical leave as part of the attendance and the level of your contribution to the company.

3) Performance appraisal is based on a person's work performance. If my HR penalize my performance appraisal based on my incurred medical leave, can I made a legal complaint to MOM?
As per question 1, promotion is always at the discretion of the company, unless and until they have put in black and white that you have been penalized because of your excessive MC, there is nothing much you can do.