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Notice serve during maternity leave count?

Jan  
Guest
Sat, 13 Oct 2007 11:43:17 AM  (Last updated: Tue, 16 Oct 2007 02:32:48 PM)

I have tender my resignation letter during my maternity leave which will be ended soon. Due to some personal matters, i do not wish to work in that company anymore. According to the HR department people they said that it doesn't count. But when i checked on the act, it was not stated there.

TQ for your time

KL Siew
Administrator
Sat, 13 Oct 2007 03:49:52 PM

By tendering your resignation, do you mean to say you are not going to work anymore after the end of your maternity leave? If it is, what about the requirement to give notice? You did not state when you tendered your resignation. If the notice given by you is not enough, you may have to pay indemnity to the company for the short notice.

Jan
Guest
Sun, 14 Oct 2007 08:48:48 AM

My maternity leave will be ended on 22 Oct and I have tender my resignation on 12 Oct. I still have 8 days of annual leave. I will go back to work until the end of the notice date if required. Based on my notice i suppose my last day is 11 Nov , however it is a Sunday, does that mean that my last day should be 9 Nov? And I still have 8 days of unutilised annual leave, can I utilised the leave and leave the company earlier on 30 Oct?

Another question here if my salary is above RM1500 and have work for the company for 3 years plus how long should i give notice in advance? 4 or 6 weeks?

Thank you for your help

KL Siew
Administrator
Sun, 14 Oct 2007 09:35:46 AM

You have given one month notice, is one month notice the agreed notice period stated in your appointment letter? Your notice period should the one stated in your appointment letter. If it is one month then the notice period is one month, if it is 3 months then it is 3 months. Give more info.

In your case, since your salary is over l.5K , the Employment Act is not applicable to you.

Jan
Guest
Tue, 16 Oct 2007 12:46:38 PM

It was stated in the employment letter that one month notice is required however, that was when i first join the company at junior level. I've lost my employment letter. Now at senior level the management ever mentioned in management meeting that it should be 3 months however I never sign any document i.e. promotion letter...So is my notice of 4 weeks sufficient?

Since i tender the letter during 2nd month of maternity leave, can the company withold my 2nd month maternity allowance?

KL Siew
Administrator
Tue, 16 Oct 2007 02:32:48 PM

With the info given by you, I am also not sure whether the notice period is one month or three month. Anyway you don't come under the Employment Act and the 4 weeks, 6 weeks or 8 weeks do not apply in your case.

Never mind, should there be any deduction from the maternity allowance, making a complaint at the Labour Department as long as your salary is not over 5000 see whether they can help you.

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