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Maternity Leave for Contract Service Employee

Fri, 18 May 2018 02:40:11 PM  (Last updated: Fri, 18 May 2018 07:10:28 PM)


One of my employee under contract service is due to delivery in early June. She requested for maternity leave to start from June 1st. 

However she has not turn up for work for four days claiming she’s hospitalized due to unstable pregnancy. The company has advised to start her maternity leave now but she refuse to do so. And she did not respond to company’s call/sms whether she will turn up for work since the first day of absence. 

She has almost used up her sick leave & annual leave. And the company does not offer hospitalization leave for contract service employee.

May I know :

1. If company’s has the right to deduct her absence as unpaid leave?

2. Is there any special leave entitlement for pregnant worker?

3. Her basic salary is RM1800 (excluding allowance & incentive). Is she cover under employment act though she’s contract service staff? 

4. If she continue to absence without notice, does company has the right to terminate her contract? 

Look forward to your reply. Thanks. 

KL Siew
Fri, 18 May 2018 07:10:28 PM

1. She has to produce MC, without MC and no more annual leave, then will be no pay leave.

2. There is none.

3. She is still covered under the EA.

4. No so simple as that especially when she is due for confinement. Whatever it is, she must produce MC for her absence.

You may contact the Labour Department and talk to the officer to get a better picture of your case.

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