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Maternity Benefits and etc

Eleven
Member
Tue, 16 May 2017 06:23:49 PM  (Last updated: Thu, 18 May 2017 02:02:09 PM)

Good evening,

I have an employee working as a Salesperson. She has to travel all states within Malaysia at least once a week by car/plane.

I just received her doctor's letter informing us that she is undergoing some fertility therapy and is unable to travel long distance for 3 weeks (throughout the therapy period), which means she is unable to perform in her position as a Salesperson for at least 3 weeks. Even she can take orders from office, we need to get someone to do the delivery for her.

We can foresee that after she has successfully conceived, the no-perform period could be much longer.

What can we do as an employer? Can we request her to take unpaid leave?

Thank you.

KL Siew
Administrator
Tue, 16 May 2017 07:14:14 PM

1. Try to get a MC from the doctor and then treat it as sick leave.

2. If there is no more sick leave available, then can use annual leave.

3. If there is no more leave, then it will be no pay leave.

You cannot ask her to take no pay leave just like that. You can also give a call to the Labour Department and get official views.
 

Eleven
Member
Wed, 17 May 2017 04:15:41 PM

Hi,

Thank you for your reply.

She is paid much higher than pay limit stated in Labor Law (above RM5k). She doesn't have fixed SL/AL every year because she only works 4 days a week (when she travel for sales), other days she is not obliged to come in office. 

How do we protect ourselves as an employer in case of dispute? As there is no black and white if we call and enquire. Should I draft a confirmation letter and get the Labor Officer sign? Which I don't think it's that easy.

Thanks.

KL Siew
Administrator
Thu, 18 May 2017 08:04:38 AM

1. As for maternity benefit, she is still covered the Employment Act even though her salary is more than 5K. Section 44A of the EA as quoted below. The company has to give 60 days paid maternity leave.

"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."

2. Besides maternity benefit as mentioned in 1. she is not covered by the Employment Act as salary is more than 2K. In that case, you can refer to the contract of service pertaining to terms and conditions of service. However, the parties have to sort out the problems themselves if there is no clear terms and conditions of service.

Eleven
Member
Thu, 18 May 2017 02:02:09 PM

Understood.

Thank you for your time.

  This topic is closed