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Work from Home after Maternity leave

pandaswift
Member
Tue, 10 May 2016 04:23:21 PM  (Last updated: Wed, 11 May 2016 03:01:31 PM)

My staff wanted to work from home after her maternity leave as she couldn't find a babysitter. So we allowed her to work from home on part time basis and based on an hourly rate. Shall we also deduct her annual leave, sick leave entitlement proportionately as well? Does she still entitle to public holiday?  Please advise. Thank you. 

KL Siew
Administrator
Tue, 10 May 2016 07:20:10 PM

You did not mention how many hours she was supposed to work per day. Anyway, since she is still doing the work of the company although from home, in my opinion I don't think you should do that unless the number of hours is short.  If she is really part time, you can refer to Part Time Employees Regulations for guidance.

pandaswift
Member
Wed, 11 May 2016 09:43:19 AM

Thanks KL Siew.

She is provision to work not less than 20 hours per week and requested to come to the office once a week for meeting around 2-3 hours. 

With reference to the regulations, she falls under the category of 3(b). Anyway, I was thinking to give pro-rata annual leave based on her worked hours. However no sick leave nor public holidays will be given. I hope this is not against the rules... 

KL Siew
Administrator
Wed, 11 May 2016 03:01:31 PM

It looks like an unusual case. Is there an agreement on this arrangement and what is the duration of this arrangement?

Prorating annual leave and no public holidays may not be a problem. But sick leave, what happens if she has an accident at home working, she will be entitled to SOCSO coverage or not? I think it would be advisable for you to consult the Labour Department and SOCSO about it, if you think necessary.

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