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Maternity Leave

Kate Wong
Member
Fri, 17 May 2013 04:37:12 PM  (Last updated: Sat, 18 May 2013 07:45:12 PM)

Hi,

In the appointment letter, company mention that staff can't pregnant within one year.

If staff really get pregnant within one year, is it she is not entitle to enjoy the maternity leave?

Thx

KL Siew
Administrator
Fri, 17 May 2013 05:12:56 PM

A staff cannot get pregnant within one year is rather odd, isn't it: Anyway, if the staff is covered by the Employment Act (meaing salary is not more than RM2000), that clause in the appointment letter is not valid and the EA applies. 

Kate Wong
Member
Sat, 18 May 2013 04:44:00 PM

thanks.

staff salary not more than RM2000 means the basic salary? or include allowance,incenive or commission? my company is a beauty saloon.

KL Siew
Administrator
Sat, 18 May 2013 07:45:12 PM

Para 3 of the First Schedule of the Employment Act says:

"3. For the purpose of this Schedule “wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment."

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