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Maternity Allowance for Contract Expiry

SAR
Member
Wed, 10 Aug 2016 11:26:53 AM  (Last updated: Thu, 11 Aug 2016 12:20:08 PM)

Hi,

I would like to ask about maternity allowance after my contract has been expired. I served a one year contract of services, and got pregnant within those duration. My contract should expire on 20/9/2016, and my employer said the contract will be extended only until 30/11/2016 since my estimated date of confinement would be on December 2016. They will only renew  my contract on February onwards after I finish my maternity leave (unemployed) to cut cost. I am not covered under EA (Salary above >2K). However, I heard that the maternity protection can be extended to all female employees regardless of salary earned. 

Therefore;

​1. Do I entitled to the 2 months of maternity allowance?

2. Do I entitled to the maternity benefits that provided under the company policies?

Thank you.

KL Siew
Administrator
Wed, 10 Aug 2016 06:31:15 PM

I think you better consult the Labour Department whether the Employment Act covers female employees for maternity entitlement irrespective of salary. I am not sure whether there is such a new amendment.

SAR
Member
Thu, 11 Aug 2016 09:11:12 AM
Originally posted by KL Siew on Wed, 10 Aug 2016 06:31:15 PM

I think you better consult the Labour Department whether the Employment Act covers female employees for maternity entitlement irrespective of salary. I am not sure whether there is such a new amendment.

This is what I found;

Employment (Amendment) Act 2012

New section 44a

15. The principal Act is amended by inserting after section 44 the following section:

“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.”.

Perhaps you could elaborate on this matter ?

KL Siew
Administrator
Thu, 11 Aug 2016 12:20:08 PM

It  is really good for you to take time to browse through the Employment Act. In that case, you should be able to seek redress at the Labour Department should there be problems about your maternity entitlement. To me, if the estimated date of confinement is in December, it looks like you will be entitled to maternity allowance irrespective whether the contract expires on 20 September or 30 Nov.

You can give a call to the Labour Department to see what they say about it.
 

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