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Maternity law interpretation.

Natalie
Member
Tue, 17 Nov 2015 12:03:45 PM  (Last updated: Wed, 18 Nov 2015 11:07:30 AM)

Dear Siew,

1) The latest Employment Act is the one updated as at April 2012 right? If no, which website has the  latest edition for employment act and for industrial act? 

2) According to Section 40, Maternity shall not commence earlier than 30 days immediately preceding the confinement of a female employee ..... provided..........employee may be required at any time during a period of 14 days preceding the date of her confinement .....

If employee is certified unwell and needs to begin her maternity leave between 15 to 30 days preceding her confinement ,she is still eligible for the maternity allowance right?

3) sec 37 (2) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if—
(i)
she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement; and
(ii)
she has been employed by the employer at any time in the four months immediately before her confinement;

As long as she fulfills these requirements above, she is entitled to maternity allowance regardless of whether she is a confirmed employee right?

4) Please explain the clause below.

sec 40 (5)  The want of or any defect or inaccuracy in any notice required to be given in accordance with this section shall not be a bar to the maintenance of any claim to maternity allowance unless the employer is proved to have been prejudiced by the want, defect or inaccuracy of such notice.

5) Just want to know confinement means parturition resulting after at least 22 weeks or 28 weeks? has this clause been revised?

Thanks.

KL Siew
Administrator
Tue, 17 Nov 2015 01:49:11 PM

1. The best way is to buy the latest versions in reputable bookshops like MPH etc. Don't rely on websites.

2. If certified by doctor, the employee may be required to commence her maternity leave at any time during a period of fourteen days preceding the date of her confinement as determined in advance by the medical officer or the registered medical practitioner appointed by the employer.

3. That's correct. It does not matter confirmed or not.

4. It seems to give the employer some say about the notice given by female employee, like notice with information that was false etc or unreasonable excuses for not giving notice.

5. The definition of "confinement" in Section 2 was amended to 22 weeks.

Go and buy the latest versions in book shops, don't rely on websites.

Natalie
Member
Wed, 18 Nov 2015 10:44:54 AM
Originally posted by Natalie on Wed, 18 Nov 2015 11:07:30 AM

Dear Siew,

1) The latest Employment Act is the one updated as at April 2012 right? If no, which website has the  latest edition for employment act and for industrial act? 

2) According to Section 40, Maternity shall not commence earlier than 30 days immediately preceding the confinement of a female employee ..... provided..........employee may be required at any time during a period of 14 days preceding the date of her confinement .....

If employee is certified unwell and needs to begin her maternity leave between 15 to 30 days preceding her confinement ,she is still eligible for the maternity allowance right?

3) sec 37 (2) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if—
(i)
she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement; and
(ii)
she has been employed by the employer at any time in the four months immediately before her confinement;

As long as she fulfills these requirements above, she is entitled to maternity allowance regardless of whether she is a confirmed employee right?

4) Please explain the clause below.

sec 40 (5)  The want of or any defect or inaccuracy in any notice required to be given in accordance with this section shall not be a bar to the maintenance of any claim to maternity allowance unless the employer is proved to have been prejudiced by the want, defect or inaccuracy of such notice.

5) Just want to know confinement means parturition resulting after at least 22 weeks or 28 weeks? has this clause been revised?

Thanks.

Dear Siew,

1) The clause is confusing because it says that employee can commence maternity leave 30 days before confinement period then it says the earliest is during the  14 days if certified as unfit by the doctor. Referring to my previous no 2 question, what happens if the employee wants to commence maternity leave not during the 14 days before confinement date but anytime 15 days or more before confinement period? Is she still eligible for maternity allowance? 

2) Referring to this section below, it seems to favour the employee more than the employer.Does it mean that any defect or inaccuracy in the 60 days advance notice to the employer will not prevent the employee from receiving her maternity allowance ?I still dont undertsand the last part on "unless the employer is proved.......

sec 40 (5)  The want of or any defect or inaccuracy in any notice required to be given in accordance with this section shall not be a bar to the maintenance of any claim to maternity allowance unless the employer is proved to have been prejudiced by the want, defect or inaccuracy of such notice.

Thanks

KL Siew
Administrator
Wed, 18 Nov 2015 11:07:30 AM

1. Note the words in bold letters especially "in excess of....".

(bb) Where a female employee abstains from work to commence her maternity leave on a date earlier than the period of thirty days immediately preceding her confinement, such abstention shall not be treated as maternity leave and she shall not be entitled to any maternity allowance in respect of the days during which she abstains from work in excess of the period of thirty days immediately preceding her confinement.

2. The Employment Act is a piece of protective law that protects the employees. Yes, it is in favour of and protects the employee first then gives some leeway to the employer to have some say.

Anyway, it is just my humble opinion. You can always pick the brain of the Labour Department. 

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