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Maternity Leave Allowance

zara
Member
Mon, 31 Oct 2016 10:28:05 AM  (Last updated: Mon, 14 Nov 2016 04:03:08 PM)

Hi,

Please advise me on my case below.

  1. My contract is 5/11/2015 - 4/11/2016. Will be continue the contract.
  2. My EDD date 28/11/16
  3. My company said i will have one month cooling period after end of contract, however, i still need to work as usual around that period and they will pay me according to my attendance.
  4. My salary is more than rm2500

Do I qualify for the maternity allowance?

Is there any employment act i can relate with my case if they do not want to pay the allowance? and only one to renew my contract after i end my maternity period and come back to work?

Very much appreciated for your soonest reply.

TQ

KL Siew
Administrator
Mon, 31 Oct 2016 06:42:11 PM

I think you are still entitled to full maternity benefits. Should you have problem with it, you can bring the matter up with the Labour Department.

zara
Member
Wed, 02 Nov 2016 01:01:03 PM
Originally posted by KL Siew on Mon, 31 Oct 2016 06:42:11 PM

I think you are still entitled to full maternity benefits. Should you have problem with it, you can bring the matter up with the Labour Department.

New clarification from HR.

  • My EDD 28/11/16
  • Contract end 4/11
  • Cooling period 5/11 - 4/12 (1month)
  • No contract bonding, mc will not pay, no pay leave along cooling period. Pay wages upon attendance basis if come to work.
  • Company will renew contract on 5/12
  • BUT, if I deliver in the cooling period(which is of couse), company will only renew the contract once I back to work (after maternity)

Company do not want pay my maternity leave allowance, that is why there will only renew my contract after i finish the maternity period.

Do I will not have any rights in my case? All benefit goes to company. Is it all depends on management rules and they are not against any law. If so, will I say this is my fate?
 

Please give me your opinion. Thanks

KL Siew
Administrator
Wed, 02 Nov 2016 02:11:00 PM

Apart from what I mentioned earlier, why not you pay a visit to the local Labour Department and discuss the issue with the officer there and get the official clarification about your case. 

Hamidah
Member
Mon, 07 Nov 2016 01:55:05 PM

Is this the normal practice to have a month cooling period for contractual staff or is it just yours? Just wondering

zara
Member
Mon, 14 Nov 2016 03:29:16 PM

Dear hamidah, normal practice. But last year my contract immediately continue on 5/11..just this year when they know i will deliver a baby then they only will renew my contract after delivery..so that they do not need to pay may maternity allowance.

KL Siew
Administrator
Mon, 14 Nov 2016 04:03:08 PM

Hi Zara

The so-called cooling period has nothing to with maternity benefits entitlement. I think you better personally go to the Labour Department and get some official opinion about your case by giving them full details. It would be helpful for you to give some feedback after consulting the Labour Department for the benefits of all the readers.

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