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Maternity leave

Mastura  
Guest
Fri, 17 Jul 2009 01:09:53 PM  (Last updated: Sat, 18 Jul 2009 02:51:40 PM)

Refer to the message posted on 17/04/09,

A female employee joined company on 1/4/09 and confinement on 1/9/09. She is entitled for the maternity leave 60days. And submit resignation letter on 1/12/09.

It seems like the company is in a big loss situation whereby female employee commited to work for only 5 months and she entitled for the 60days maternity leave pay and pro-rated annual leave pay. Company need to seek for a replacement employee to look after her work too.

It seem like unfair to the company but beneficially for the employee. Is there any solution to protect the company as well?

Thanks for advise...

CK Kong
Contributor
Fri, 17 Jul 2009 01:40:32 PM

Bear in mind that every company has the choice whether to hire a pregnant woman or not, in the first place.

Mastura
Guest
Fri, 17 Jul 2009 02:07:47 PM

Employee not informed company that she is pregrant during interview and joined the company on 1/4/09. But notify the company on June 09 that she just been informed by doctor that she got the baby for 6 weeks.

What is the best situation for the company to react on it? eg shall the company confirm her as permanent staff provided with the agreement that she can only get the materity pay after served with the company for at least 12 months?

Thanks for advise

CK Kong
Contributor
Fri, 17 Jul 2009 02:38:43 PM

Some companies put "Are you pregnant" on the job application form to prevent this kind of cases from happening. The lady staff has to be liable for what she declared, even if she claims that she didn't know she was pregnant at the time she applied for the job. Thus, the company has the rights to terminate her for the false declaration.

Yes, many companies set a minimum time frame of employment period in order for the lady staff to be entitled for maternity leave.

Mastura
Guest
Fri, 17 Jul 2009 03:34:44 PM

Thanks CK for your prompt reply.

Can i translate your statement as follows:-

So if the company set a minimum time frame eg at least 12 months employment period only entitled for the maternity leave in the letter of confirmation.

That's mean company not need refund back 60days maternity pay to the employee even she worked for the company after 12 months. Am i right?

The employee will get unpaid for her 2 months include public holiday pay since she has not yet served the company for 12 months . am i right?

In the above statement are correct, then only beneficially for both employer and employee.

Thanks CK.

CK Kong
Contributor
Fri, 17 Jul 2009 04:01:31 PM

If the "minimum 12 month service" is stated in the appointment letter and signed, then yes. But do communicate it clearly with the expected mother before she goes on leave.

KL Siew
Administrator
Fri, 17 Jul 2009 04:23:51 PM

To Mastura: Please be aware of Section 43 of the Employment Act:

43. Conditions contrary to Part void.

Any condition in a contract of service whereby a female employee relinquishes or is deemed to relinquish any right under this Part shall be void and of no effect and the right conferred under this Part shall be deemed to be substituted for such condition.

CK Kong
Contributor
Fri, 17 Jul 2009 04:32:16 PM

Hi Mr. Siew,

Noted and thanks!

KL Siew
Administrator
Fri, 17 Jul 2009 04:38:27 PM

To CK: Do feel free to share your experience. I will come in only when the views given are contrary to the law. Keep it up.

Mastura
Guest
Sat, 18 Jul 2009 02:51:40 PM

Thanks CK and KL Siew for the useful information. cheers.. :-)

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