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Resignation & Maternity Leave

Wed, 19 Jul 2017 05:30:02 PM  (Last updated: Sun, 23 Jul 2017 05:46:00 AM)

I am currently in the midst of applying for unpaid leave from my employer in an attempt to further extend the time off I have available in ordert to care for my infant after utilising the allocated 60 days of maternity leave. My employer does not have any policies or practices with regards to extended maternity leave and the only way an employee is able to obtain the extra time off is by: 

  • Utilising existing annual leave allowance 
  • Applying for unpaid leave

Utilising existing annual leave is not possible in my case as I am due to deliver in early November and annual leave will be recalculated upon my return to work in January 2018. Hence I am applying for unpaid leave.

However unpaid leave is rarely granted meaning the probability of extending my maternity leave is very small. If my application for unpaid leave is denied, I am planning to resign. My notice period is 1 month for my position and my salary is above RM1500.

I have three questions:

  1. Can I resign 1 month into my maternity leave, effectively "serving notice" to my employer in the remaining 1 month of my maternity leave? 
  2. Can I resign 1 month before commencing my maternity leave, effectively "serving notice" to my employer before commencing maternity leave and utilise the 60 days allocation for maternity leave? 
  3. Can I resign 3 weeks before commencing my maternity leave, which means I will be serving 3 weeks of notice to my employer before commencing my 60 days of maternity leave? This would mean that I will also have to serve the remaining 1 week notice upon returning from my maternity leave.

What would also be the best approach to take? Giving my notice of resignation and serving notice (of one month) after returning from my maternity leave is not an option for me due to to difficulties in securing childcare services.

Your advice is most appreciated. Thank you. 

Sun, 23 Jul 2017 05:46:00 AM

In all fairness to employers, I think it is most unfair of employees to resign during their maternity leave period. Though there is no law that says you can't use maternity leave to offset the notice period, out of goodwill and kind consideration to the employer, it would be good if you not do that.

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