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Gynae operation and maternity leave

Nur
Member
Wed, 27 Sep 2017 01:56:45 PM  (Last updated: Thu, 19 Oct 2017 11:45:17 AM)

 I have been working with this company for close to 2yrs. Recently I was scheduled for a gynaeocology (laparotomy myomectomy) operation on last 21/07/2017, and I received MC records dated​

  1. 20/07/2017 - 30/08/2017; and
  2. 05/09/2017 - 08/09/2017.

I was warded for a week for maternity ward surgical supervision.

I resume working on 11/08/2017, Monday, making it a record of only 52-consecutive days of leave utilised.

​My recent Finance Manager is a stingy(yes, stingy, not thrifty) (no, I'm not proud to remark her this way, sorry) person with no HR background and would want to dismiss my situation as unpaid leave or poor performance, whichever (she feels) necessary. This deems me to take this measure of being tedious with the dates and HR records.

Question(s):

  1. Am I entitle to record my medical absence as maternity leave, and entitle for the confinement of a period of not less than 60-consecutive days?
  2. If so, with reference under maternity leave clause, I have only utilised 52 days. How is it to justify another eligibility of 8 days I resume work earlier than scheduled?
  3. I still come to work on the 20/07/2017 and did not manage to leave my work even to prepare for the surgery till the last minute of ward admission. How do I record my leave? 
KL Siew
Administrator
Wed, 27 Sep 2017 03:32:44 PM

I am no sure what "laparotomy myomectomy" means but "confinement" is defined in the Employment Act as :

"confinement" means parturition resulting after at least twenty-two weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purposes of this Act commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word .confined. shall be construed accordingly;

If you case is not confinement as defined, then you sick leave may just ordinary sick leave and will be recorded as such. If your was a abortion case, the unborn was at least 22 weeks old, then you might be entitled to maternity leave.

Nur
Member
Wed, 27 Sep 2017 05:46:28 PM
Originally posted by KL Siew on Wed, 27 Sep 2017 03:32:44 PM

I am no sure what "laparotomy myomectomy" means but "confinement" is defined in the Employment Act as :

"confinement" means parturition resulting after at least twenty-two weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purposes of this Act commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last-born of such children, and the word .confined. shall be construed accordingly;

If you case is not confinement as defined, then you sick leave may just ordinary sick leave and will be recorded as such. If your was a abortion case, the unborn was at least 22 weeks old, then you might be entitled to maternity leave.

Hi Admin,

Laparotomy myomectomy is, in simpler understanding, a fibroid-removal surgery in the uterus. Which, required me (as advised by the gynae) to go through a confinement/rehab healing process just as equal to a birthing-recovery.

KL Siew
Administrator
Wed, 27 Sep 2017 07:02:55 PM

I can't make a comment on that. I think it would be better to get a medical report from your gynae whether it was a child birth case or not. Or you can pay a visit to the Labour Department and discuss the issue with the officer and get their official ruling.

T E TAN
Member
Thu, 19 Oct 2017 11:45:17 AM

The law is very clear - if the employee fails to deliver a fetus after 22 weeks or more, the employee must be granted maternity leave.

In your case, it is the removal of a fibroid which, I believe cannot be considered a fetus. Hence, in my opinion, your company is correct not to consider this as a case of confinement.

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