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liew
17/04/2009 13:11:32
Re: maternity leave & allowance

I am confusing with the Employment Act Section 37(2)(a)(i) and cSection 37(2)(a)(i)stated : if a female employee has been employed by the employer at any time in the 4 months immediately before her confinement. If I joined the company on 1/4/09, and if the confinement will be 1/9/09. That mean, i will not entitle for maternity allowance?

While Section 37(2)(a)(ii) stated: female employee has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than 90 days during the 9 months immediately before her confinement. Is that mean, during 1/4/09 - 1/9/09, if my working day (not include saturday and sunday) is less than 90days, i am not entitle for the maternity leave? But from 1/4/09 - 1/9/09, i have been employed more than 90days.

In fact, am i entitle for the maternity leave and allowance? My basic salary is less than 1.5k. Thanks for your advise!


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KL Siew
kl_siew@yahoo.com
17/04/2009 14:07:43
Yes, it can be quite confusing. In fact in the Home Page of this website under the item "Maternity benefits", I did give examples to explain the two clauses, which are as follow:


(2)(a) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if:

(i) she has been employed by the employer at any time in the four months immediately before her confinement; and

(ii) 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.

Commentary: Situation No.1, a pregnant woman gives birth after working for an employer for two months, is she entitled to maternity allowance? No, she is not. Although she fulfills condition (i) and not condition (ii) as she has worked for only two month, the law says it must be at least 90 days.

Situation No.2: A long time female employee resigns on 1st January and gives birth on 1st May, is she entitled to maternity allowance? No, she is not. Although she fulfils condition (ii) but she fails to fulfil condition (i) because during the 4 months immediately preceding her confinement she was already not in employment. If she gave birth on 30th April then she would be entitled to maternity allowance.

In your case, you are eligible for maternity allowance because you have fulfilled both conditions. I give another example, another colleague of yours who joined on the same date, resigned on 1 Sept and subsequently gives in say 1 Nov, she is also entitled. But if she gives birth more than 4 months after the date of resignation, then she is not entitled.
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Mastura
17/07/2009 13:01:15
Refer to the above scenario, the female employee joined company on 1/4/09 and confinement on 1/9/09. She is entitled for the maternity leave 60days. And submit resignation letter on 1/12/09.

It seems like the company is in a big loss situation whereby female employee commited to work for only 5 months and she entitled for the 60days maternity leave pay and pro-rated annual leave pay. Company need to seek for a replacement employee to look after her work too.

It seem like unfair to the company but beneficially for the emplyee. Is there any solution to protect the company as well?

Thanks for advise...


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