I just would like to know if the staff is employed under Fixed Term Employment which the contract ends 31 December with the 2 month maternity entitlement is listed in the contract is pregnant and due on 1st December. Does she get pay for the 2 months maternity until end of January or she will only get pay until end of December? Btw, the salary is more than RM2k.
As far as the Employment Act is concerned, the 60 days maternity allowance is payable. Under the Act, even an resigned employee may still be entitled to full maternity allowance.
Even the staff is hired under Fix Term Employment that will be end on 31st December? If the company changed the policy to give 90 days maternity now, is the staff allow to have 60 days Maternity Leave (follow the contract) or 90 days Maternity leave (follow the company new policy)?
Since you have mentioned that the employee's salary was more than 2K, you might have in mind that she was not covered by the EA. If there is so, you can just follow the contract or the company's policy whatever it is. Anyway, If she did not get the two months maternity benefits as mentioned in the contract, it is up to her whether to take legal action or not.