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Resignation before maternity leave - Is the leave considered part of the notice period?

Tue, 30 Jun 2015 12:39:25 PM  (Last updated: Wed, 01 Jul 2015 11:08:31 AM)

Hello Sir/Mdm

First of all, thank you so much for your time. I'll just go straight to the details and question;

Situation : A pregnant woman, with estimated due date 1st Sept. She plans to tender her resignation on the 31st August.

Other details : Salary is more than MYR5k, termination notice 3 months (as stated in the offer letter and employee handbook)

Question :

1) As she is entitled for 2 months maternity leave, will this period during her maternity leave be counted as a part of her notice period?

2) And if it is, will she be allowed to either serve the company for another month after her maternity leave, or pay one month salary to her employer if she decided not to come to work at all after her maternity leave?

3) Assuming the answer to all the questions are YES, how do she go about doing it?

KL Siew
Tue, 30 Jun 2015 03:07:13 PM

It is entirely up to the company whether to accept such an arrangement or not. Whatever the decision of the company, make it very clear to her. Some employers will not want to pay maternity allowance if the female employee gives termination notice to coincide with maternity leave and would her to serve notice only after maternity leave. 

Wed, 01 Jul 2015 10:35:21 AM

Dear Siew,

Thank you for your prompt reply.

Is the company decision governed by any law /is it written anywhere in the ACT? 

KL Siew
Wed, 01 Jul 2015 11:08:31 AM

Lets look at it this way. When the employee gives 3 months notice, she is  supposed to work during the 3 months. Now, she has two months maternity leave with pay and she wants to treat it as part of the notice period. Now, as the employer, I think may do one or more of these:

1. She can use the two months maternity allowance to pay for the two months notice period plus one month salary in lieu for the 3rd month. or

2. Pay her two months maternity allowance and ask her to pay 3 months salary as indemnity in lieu of the 3 months notice. or

3. As a gesture of goodwill and waive 2 months of the 3 months notice which means she only has to give one month notice or one month salary in lieu. and you pay the 2 months maternity allowance. She will be thankful for it.

Do you have other suggestions?

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