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Maternity leave and unpaid leave

Nyhc
Member
Wed, 05 Dec 2018 09:51:29 PM  (Last updated: Thu, 06 Dec 2018 04:34:00 PM)

Dear admin, 

I would like to ask if the maternity leave can be applied earlier before the due date? For instance, if the employee decided to flying back to the Borneo states to give birth?

If any unpaid leave application was rejected verbally but not through emails/ any black and white, is it considered to be legit?

Thank you 

A concerned employee 

KL Siew
Administrator
Thu, 06 Dec 2018 09:30:55 AM

Section 37 EA proviso:

Provided that where a medical officer or the registered medical practitioner appointed by the employer certifies that the female employee as a result of her advanced state of pregnancy is unable to perform her duties satisfactorily, the employee may be required to commence her maternity leave at any time during a period of fourteen days preceding the date of her confinement as determined in advance by the medical officer or the registered medical practitioner appointed by the employer.

:
 

Nyhc
Member
Thu, 06 Dec 2018 11:32:14 AM

Dear KL Siew,

Thank you for your reply regarding the maternity leave.

What’s your opinion on the second question?

If any unpaid leave application was rejected verbally but not through emails/ any black and white, is it considered to be legit?

KL Siew
Administrator
Thu, 06 Dec 2018 11:57:18 AM

Was the application for no pay leave related to her wanting to go back for maternity purposes?

Nyhc
Member
Thu, 06 Dec 2018 01:25:26 PM

 Yes the preferable option is to give birth in Sarawak so the child gets to enjoy the benefits of sarawakian and better care to stay with parents of the lady. Hence unpaid leave was applied but declined verbally due to absurd reason of nobody can takeover the job. Even though the jobscope is not her exact work, only given after she pregnant.

Hence, what is your suggestion whether to consider other options or to still fight for possible leaves?

KL Siew
Administrator
Thu, 06 Dec 2018 02:36:56 PM

Actually, what is the estimated due date and when she wanted to start the unpaid leave? To me, based on the law, going back two weeks before due date should be OK if she could get a doctors to certify. If the unpaid leave is too long, surely the company can't afford to have no one to do the work.

Nyhc
Member
Thu, 06 Dec 2018 03:49:19 PM

By law, yes can technically going back two weeks before but flight company only permitted the  pregnant woman to fly before 35-36 weeks of pregnancy. Estimated due date is on early March. Due to the flight policy, have to fly in mid January.

Hence unpaid leave applied starting mid of January and February but was rejected.

So, worth it to fight for the leave??

Thank you.

KL Siew
Administrator
Thu, 06 Dec 2018 04:31:47 PM

In that case, it is really up to both parties to discuss and arrive at sort of amicable arrangement. Why not consult the Industrial Relations Department see whether can get some useful suggestions.

Nyhc
Member
Thu, 06 Dec 2018 04:34:00 PM

Thank you KL Siew. Appreciate your reply here. We shall consult the industrial relation department and see how.