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Resign during Maternity Leave

Chin Yen Mei
Member
Thu, 26 Aug 2010 07:44:30 PM  (Last updated: Wed, 20 Oct 2010 04:16:42 PM)

Hi,

We have an employee who is on maternity leave until 29 August 2010. However she has tender her resignation on 19 August 2010.

Please advise could we request her to serve a full month notice as per the letter appointment upon the completion of her maternity leave.

Thank you.

KL Siew
Administrator
Fri, 27 Aug 2010 11:01:52 AM

Yes, you can do that.

Chin Yen Mei
Member
Fri, 27 Aug 2010 05:10:57 PM

Thank you Siew.

Does it against the Labour Law in Malaysia? is there any legal or employment act website that i can search the details as a legal support for this action?

Please advise.

Thank you.

KL Siew
Administrator
Fri, 27 Aug 2010 05:41:57 PM

Pay a personal visit to the local Labour Department and consult one of the more senior officers. Don't go to websites.

Chin Yen Mei
Member
Fri, 27 Aug 2010 06:00:45 PM

thank you Siew.

Lim Yen Yen
Member
Sat, 28 Aug 2010 07:27:44 PM

Hi,

I have a maternity question.

My maternity will start from 5 Sep 2010 to 4 Nov 2010.Resignnotice need to give 2 months. I decide to tender notice on 5 sep 2010. Should i get my maternity allowance? My salary more than 1500 but less than 5000.

I have try to call Labour department, but they say im not protect my EA. I try to another officer but different officer different view. Some officer say i can get my maternity allowance. What can i refer? Please give me some advice before i do any action. Thanks in advance.

Lim Sue Lin
Member
Wed, 20 Oct 2010 04:16:42 PM

Hi,

I have a slightly different scenario. I intend to resign first, serve my notice and then have my maternity leave. Will I still be eligible for maternity allowance?

Example.

Resign in January- give 12 weeks notice.

Last day around end March. Starts maternity leave in April 2011.

Please let me know if I will still be eligible for maternity allowance.

Thanks

Sue

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