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If you are not confirm, and company wants to terminate you, do they need to give 2 months maternity leave compensation as well?

sagitarius28
Member
Fri, 20 Sep 2019 03:39:32 PM  (Last updated: Wed, 09 Oct 2019 12:50:28 PM)

Confirmation is 6 months. Joined company for 4 months +. 

If company does not want to confirm you and give you notice 1 month to leave, do they need to compensate the 2 months maternity leave (EDD Feb 2020) as well? 

KL Siew
Administrator
Sat, 21 Sep 2019 07:28:48 PM

If confinement comes any time within 4 months from the last date of the notice, she may be eligible to the maternity benefit. She may not if gives birth more than 4 months after leaving the company.

sagitarius28
Member
Wed, 02 Oct 2019 12:40:26 PM

Correct me if I am wrong. 

Eg. Last day of service will be on 1st Nov and delivery will be about mid Jan to mid Feb 2020. This means will be entitled maternity leave as it is within 4 months from 1st Nov 2019. Correct? 

BTW, when does the company need to pay the materinity leave to the employee? By 1st Nov 2019 or after delivery only to receive the money? 

Another question, since to be terminated by 1st Nov 2019 and cannot find any job from 2nd Nov 2019 till delivery due to pregnancy (as new complany will not employs pregnant woman), does the company needs to compensate from 2nd Nov till delivery date? 

Please advise. 

KL Siew
Administrator
Wed, 02 Oct 2019 02:49:04 PM

Let wait until the actual date of her giving birth and see she is eligible or not. Meanwhile she should notify her employer about her impending confinement.

sagitarius28
Member
Thu, 03 Oct 2019 12:51:12 PM

Assuming delivery is on 31 Jan 2020, what are the chances of obtaining maternity leave claim? If yes, when it needs to be paid as the last day of service will be on 1st Nov 2019? 

Employer is aware of this pregnancy. 

Please advise. 

KL Siew
Administrator
Thu, 03 Oct 2019 01:13:41 PM

You only can claim after delivery. If you have problem getting paid for it by then, you can bring the matter up with the Labour Department. You have to notify your pregnancy in writing.

sagitarius28
Member
Sat, 05 Oct 2019 07:30:58 PM
You mean need to write in to inform of the pregnancy even verbally is done? BTW, is this benefit covers those with salary myr5k and above?If this benefit is not stated in employment letter but during slide presentation during orientation, can this be covered?
KL Siew
Administrator
Sun, 06 Oct 2019 08:47:46 AM

It does not matter how much she earns, still covered as in section 44A quoted below.

"Application of this Part irrespective of wages of female employee

44A. Notwithstanding paragraph 1 of the First Schedule, this Part extends to every female employee who is employed under a contract of service irrespective of her wages."

sagitarius28
Member
Wed, 09 Oct 2019 11:40:13 AM

Is this section 44A under employment Act 1955 still valid till now - Oct 2019? Where can I see the details for this section? 

Please advise. Thanks

KL Siew
Administrator
Wed, 09 Oct 2019 12:50:28 PM

You can read that section in the Employment Act 1955. You can buy the book in any bookshop.