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Susanna
21/07/2008 23:19:40
Re: Maternity Leave

I was employed in the company for 13 months ago and having 5 months prenancy. My salary was above RM1,500 per month. My company refused to give me any maternity leave (2 months salary) They did not give me sign any offer letter when i started work. They just mentioned verbally the rules & regulation of their company. Which is employee must work with them atleast 2 years then only entitle for maternity leave. Please explain the rules governing maternity terms and conditions and advise on my rights for maternity leave and allowance. Most importantant question: Am i have the right to fight for my 2 months maternity leave (with salary pay). Thank you!
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KL Siew
kl_siew@yahoo.com
22/07/2008 07:55:02
If you are covered by the Employment Act, you are definitely entitled to the maternity leave with pay. The 2-year rule is not valid. What you can do now is to consult the Labour Office or the Industrial Relations Department so that you will know where you stand by the time the of confinement .
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FION
22/07/2008 10:08:57
I got 1 offer letter from a company which i still consider whether to accept our not. Because in the offer letter there got 1 clause that the Maternity leave will only be granted for the employee who has been employed for continuous period of nine (9) months immediately prceeding confinement. However i have informed them that i already pregnant for 2 months before they release the offer letter to me. Verbally they have agreed to me i still entitle for it but no black and white from the company. If that case, do i still entitle for the Maternity Leave (with salary pay) ? Should i accept the offer base on their verbal confirmation? Can i delete that clause by myself when i return the copy of the offer letter? Thank you
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KL Siew
22/07/2008 10:32:33
To FOIN

Under the Employment Act, it says "...she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement." You will be entitled if you join now.

Since they have told you that you are entitled, let them know that you are deleting that clause. If they agree, delete the clause, initiate it and then sign and return a copy of the offer letter to the potential employer. Be aware that you are not covered by the Employment Act (salary over 1.5K), you better see to it that everything is in place before you join, like working hours, rest days, medical, leave entitlement etc etc.

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FION
22/07/2008 11:15:13
Thank you for your reply.

You mean that i myself delete the clause and also initiate beside the clause? will this become valid if the employer not admit about it (if any) ? Should i put a covering letter to mention that i have deleted that particular clause for their acknowledgement? If i delete the clause but get the employer to initiate it will be better before i sign? If i do all this above will the company feel that i so calculative and not impression for them. actually i just want to cover myself in case they change of management or person incharge. Appreciate your advise. Thank you
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KL Siew
22/07/2008 12:31:58
Since they have offered you the job, you can always drop in the company, talk to the person in charge, iron out the matter, sign and return a copy to them if you accept the job. That's all I can advise.
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