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Maternity Benefit

BlackAnt
Member
Wed, 25 Nov 2015 12:37:13 AM  (Last updated: Tue, 29 Dec 2015 02:58:34 PM)

I have a staff who is working for us more then 5 months (not yet confirming as permanent staff). However was resign and expected due date in mid of Feb 2016. She tender and serving one month notice from now and last day will be 20th December 2015. Does she entitled to claim for the maternity benefit? Please advice!

KL Siew
Administrator
Wed, 25 Nov 2015 08:20:05 AM

I my opinion, she is entitled to maternity benefit. Give the Labour Department a call to confirm.

BlackAnt
Member
Wed, 23 Dec 2015 09:59:13 AM

What if she don't inform to the employer officially?

Her due date was heard from one of the colleague.

KL Siew
Administrator
Wed, 23 Dec 2015 12:06:12 PM

It is up to her, what more can you do? You can refer to Section 40 of the Employment Act about informing employer of confinement. Any dispute can be referred to the Labour Department.

Jaya
Member
Mon, 28 Dec 2015 04:38:34 PM
Originally posted by BlackAnt on Tue, 29 Dec 2015 02:58:34 PM

I have a staff who is working for us more then 5 months (not yet confirming as permanent staff). However was resign and expected due date in mid of Feb 2016. She tender and serving one month notice from now and last day will be 20th December 2015. Does she entitled to claim for the maternity benefit? Please advice!

Hi KL Siew,

One of my staff tendered resignation letter and will be resigning on 31-01-2016 but the case is she is pregnant and her due date for delivery is on April 2016. She has emailed me and my bosses to ask whether there is any allowance or benefit as she is pregnant. Furthermore, She is still under probation period. What should i reply her?

KL Siew
Administrator
Mon, 28 Dec 2015 06:45:22 PM

It looks like she is entitled if she delivered in April. But don't commit telling her about her entitlement yet. You can reply by telling her to let the company know once she has delivered and that you will then consult the Labour Department whether she is entitled or not.

Jaya
Member
Mon, 28 Dec 2015 07:48:09 PM
Originally posted by KL Siew on Mon, 28 Dec 2015 06:45:22 PM

It looks like she is entitled if she delivered in April. But don't commit telling her about her entitlement yet. You can reply by telling her to let the company know once she has delivered and that you will then consult the Labour Department whether she is entitled or not.

Hi KL Siew,

I have had gone through on the Labour Law. They have mentioned that if a employee is pregnant for 24th week or more they are entitle for maternity leave. So on this case she have mentioned that she is on her 24th week of pregnancy and asking for benefit. Quite smart move actually. So i have no other choice than following your idea. Thank you very much KL Siew. Your reply was really helpful.

KL Siew
Administrator
Tue, 29 Dec 2015 08:18:30 AM

The EA says 22 weeks and not 24 weeks.

Jaya
Member
Tue, 29 Dec 2015 12:08:13 PM

Hi KL Siew,

I have another question. She have not inform us that she is pregnant before or after joined us until the 24 weeks of pregnancy and have tendered resignation letter before she informing us about this and now asking for a benefit. Can we consider this as a misconduct? I'm not sure, please advise.

KL Siew
Administrator
Tue, 29 Dec 2015 02:58:34 PM

That does not deprive her of her maternity benefit if she is entitled to it. Anyway, you can put up your argument should the case need to be referred to the Labour Department.  Why not one day when you are free, pay a personal visit to the Labour Department, sit down and have a good discussion with the officer there? Official views should be much better.

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