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23/09/2009 13:00:37
Re: maternity allowance

Hi, Good day to you.
i just come across
and stated the following : ----

39. Payment of allowance to nominee on death of female employee.

If a female employee, after giving notice to her employer that she expects to be confined, commences her maternity leave and dies from any cause during the eligible period, her employer or any employer who would have been, but for the death of the female employee, liable to pay any maternity allowance shall pay to the person nominated by her under section 41 or, if there is no such person, to her legal personal representative, an allowance at the rate calculated or prescribed as provided in section 37(2) from the day she commenced her maternity leave to the day immediately preceding her death.

my question are :
1) Does this include for those female employee salary above RM1500.00 or below?
2) how to prove that the employer been informed of the maternity leave applied by the female employee? (coz the employer can argue they do not know any date of the confinement )

Thank you.
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KL Siew
23/09/2009 17:43:59
1. The Employment Act applies only to non-manual employees with salary below RM1500. However, nowadays, most companies do provide maternity leave with pay to their employees with salary over RM1500.

2. Don't quite understand your question. Isn't the death certificate or birth certificate good enough proof?
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24/09/2009 08:08:34
Good Morning to you KL.Siew,

so is that means, if the female employee pass away, the employer MUST pay the maternity allowance to the nominee of the female employe?
even the death certificate have been submited to employer.

can the employer play nusty and refuse to pay and give lots of excuses?


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KL Siew
24/09/2009 08:27:30

You have to consider first whether the employee concerned was eligible under the Employment Act. Secondly, when that employee had already passed away, you as a outsider, will not want to deal with the employer direct as he may not want to have anything to do with you. The best way is to approach the Labour Department and have the matter tackled officially.
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31/08/2012 17:24:08

As we already know, during the maternity leave period if there's PH in between staff will not get additional PH replaced.
If staff works for a company which provides service to offshore country in data processing whereby their leave follows the offshore country.
Is it appropriate for the company deduct staff's AL if during the maternity period, there's is a PH for the country they work?

Kindly advise. Many thanks.
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