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18/06/2009 10:37:57
Re: Maternity Protection for Salary above RM1500

I am 2 years with my company and earning more than RM1500 per month. My expected delivery date would be early August 2009. On my employment letter Maternity Benefits section mentioned "This shall be given in accordance with the laws and regulations of he Employment Act currently in force". I require to serve 3 months notice of termination.

So if let say i tender my resignation today, shall I still entitle for maternity leave and allowance? (according to Employment Act I should but there is a clause of salary below RM1500 which sounds conflicted with my employment letter) Can I use 2 months maternity leave to serve my termination notice as well?

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KL Siew
18/06/2009 12:40:48
In that case, you will have to talk to your employer whether he will agree with your using maternity leave to offset your notice period. It is possible that he will not accept unless you are willing to forgo the 60 days allowance also. No harm trying your luck see he will agree.
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18/06/2009 12:56:59
You mean chances are
i. I get my maternity allowance but work another 2 months after maternity leave?
ii. forgo 60 days allowance and don't need to go back after maternity leave?

I have actually checked with Labour Law Officer, he said I can actually get maternity allowance plus not going back after maternity as my last day of notice fall during my maternity leave. But I still feel a bit risky as I am not sure whether he will say otherwise when thing really happened. What do u think?
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KL Siew
18/06/2009 14:30:43
That was what I meant. The best way is to negotiate with your employer. If you have an understanding employer, you may get what you wanted.
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