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Maternity & hospitalisation leave

Tue, 10 Mar 2009 11:35:38 AM  (Last updated: Thu, 12 Mar 2009 11:56:00 AM)

The employee going to deliver in Jun-09, she is entitle to the maternity leave for 60 days. If now she is admitted to the hospital for 2 days, is that consider as MC or hospitalisation leave? If is a hospitalisation leave is that mean her maternity leave going to deduct for 2 days?

KL Siew
Tue, 10 Mar 2009 12:44:55 PM

It is hospitalisation and not maternity leave. See Section 37(1)(bb) of the Employment Act.

Tue, 10 Mar 2009 03:58:27 PM

Maternity leave and hospitalisation leave are 2 diff type of leave. The maternity leave starts from date of delivery ; however employee can choose to apply to take the maternity leave (max) 30 days immediately preceding the confinement.

Thu, 12 Mar 2009 11:56:00 AM

A friend asked if she is entitled to maternity leave since she has worked more than a year. She earns about RM3800 per month. She tenders her resignation in the beginning of March and will expect to deliver her baby beginning of April. Her notice of termination is 3 months. If she qualifies, which act will she falls in.


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