I have a staff took AL & Unpaid Leave from 7/4 - 12/4. She's pregnant & due soon.. therefore she requested to applied early maternity leave which starts on 14/4 for 2 months. And today she called a colleague from the company to get a resignation letter dated 15/4 & passed to HR dept on 16/4.. Her salary is above 1.5k.. Her contract written she need to serve 2 months notice.. My question: Does her maternity leave can be calculated as serving 2 months notice as per contract? As I read from all your previous cases, is it lawful/ fair to the company? She's not covered under EA but can she do this?
Since she has not given birth. the likely date of confinement is not known and there is no certifying from a doctor, I think the question of maternity leave does not arise yet. If she wants to give notice to resign, it is just an ordinary resignation.
However, if you are sure that she is going to give birth within the next 4 months, then you may agree to such an unusual arrangement because you will be liable to pay maternity allowance anyway. Give some though to this and consult the Labour Department.
She got doctor's certification about her due to delivery on 29/4/08 but she applied for early maternity due to her unstable pregnancy.. As i understand that I will need to pay her 2 months maternity allowance but I would like to know if this is under law? With her this arrangement means she does not need to resume work even after maternity leave?
As I said before, this is quite a unusual situation. One party wants to use the coming maternity leave as period of notice for resignation and the other is thinking of not wanting to pay maternity allowance because that employee is not covered by the Employment Act. Unless you people can work something out, I think it is better for you to consult the Labour Department or the Industrial Relations Department about this. I feel I really can't give a proper advice.
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