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Maternity leave for expats under 4 years contract

Expat
Member
Wed, 13 Jan 2016 12:29:34 PM  (Last updated: Wed, 13 Jan 2016 06:48:34 PM)

Hi,

I am an expat working for a consultancy under a 4 year contract. My consultancy is a MSC status one. Client has outsourced me from this consultancy. I have completed 2 years of service with him already and now I am pregnant. 

Am I entitled for 60days maternity leave?

Consultant says as Client will not be paying him for those 60days hence he wont pay me too and also he says I will not be entitled for any rules / benefits under labor law as I am an expat and under contract of 3 years

Please clarify.

Thanks

KL Siew
Administrator
Wed, 13 Jan 2016 05:27:39 PM

The Employment Act only covers employees with salary no more than RM2000. If you are covered, you should by law entitled maternity benefits. If you are not covered by the Act, you may have look at your contract with the company. If there no maternity benefit clause in the contract, there could be problem for you to get the benefit from them if they don't want to pay.

Expat
Member
Wed, 13 Jan 2016 06:01:08 PM

Hi ,

But in Labour Law (Act 265 EMPLOYMENT ACT 1955 As at 30 April 2012) it says 

Application of this Part irrespective of wages of female employee

44A. Notwithstanding paragraph 1 of the First Schedule, this Part extends to every female employee who is employed under a contract of service irrespective of her wages.

So is the RM2000 wages clause amended now ?

Kindly explain

Thanks

KL Siew
Administrator
Wed, 13 Jan 2016 06:48:34 PM

Thanks for pointing out. I think you have the point there. Give a call to the Labour Department. If they agree, bring their ruling to the attention to your management. Let us know the ruling of the Labour Department so that it can be shared with all of us.

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