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Payment in Lieu on Notice & Maternity Leave

Fri, 08 Sep 2017 09:07:41 AM  (Last updated: Fri, 08 Sep 2017 02:03:46 PM)

Hi, i have few questions to clarify,

1. I would like to check on the payment in lieu on notice.  

(a) She can't perform and the Company ask her to leave immediately. Then, the Company has to compensate her one month/one week (if still within probation) of in lieu. Are we supposed to deduct EPF, SOCSO, or PCB from there?

(b) The Company found out that she is not truthful and we ask the staff to leave immediately. Is the Company obliged to compensate her?

2. A staff is having maternity leave. Based on our company policy, if PH falls on a Saturday, the staff will be given an additional replacement leave. So when she gets back to work, is she entitled to claim for the replacement leave?

Thanks !

KL Siew
Fri, 08 Sep 2017 02:03:46 PM

(a) Consult the three respective departments like EPF, SOCSO and LHDN.

(b) If she has commmitted misconduct and you have evidence, conduct a domestic inquiry and decide. Get guidance from Section 14 of the EA.

2. No need to give extra replacement holiday. The 60 days maternity leave incudes holiday, rest days.

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