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URGENT:Pregnant staff

Sun, 15 Jan 2012 01:45:06 AM  (Last updated: Thu, 19 Jan 2012 04:51:58 PM)


A company hired a clerk, who claimed that she was single at that point of time (salary more than RM 1,500 a month) and after 3 weeks found that the clerk is pregnant now and claims that she has a husband.

Employment Letter issued to the clerk did not mention about Maternity Leave/Benefits (i.e. minimum service period for Maternity Leave/Benefits) and the Company does not have Employee Handbook wrt staff benefits including Maternity Leave /Benefits.


1. Can the Company terminate the clerk in this case?

2. If not terminating the clerk, would it be feasible if the Company now introduces a minimum service period (i.e. Min 12 months of service) to be eligible for the maternity leave/benefits and try to talk to the clerk that she is not eligible for the Maternity Leave/Benefit?

Appreciate your advice, thanks!

KL Siew
Sun, 15 Jan 2012 08:25:42 AM

1. It is highly not advisable to terminate her service on that ground.

2. Since she is not covered by the Employment Act, you can make your own decision. However, if other female employees got such maternity benefit, I don't think she should not get.  In future, the company better have a clear written policy on all such benefits.

Sun, 15 Jan 2012 09:45:18 AM

Noted on the above and thanks so much for the prompt reply.

Btw, would like to reconfirm the following:-

1) In the Employment Act, does it mention the minimum service required for the maternity leave/benefits?

2) If someone not covered under Employment Act and terminated by the Company, where should he/she go to for unfair treatment at work including unfair dismissal?

3) KL SIew, are you a HR Consultant / working in the HR dept of a firm currently?

KL Siew
Thu, 19 Jan 2012 04:51:58 PM

1. Read up Section 37 of the Employment Act for details.

2. The Industrial Relations Department is the place to seek redress.

3. Neither.

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