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ms chan
finance@abset.com
08/11/2010 10:10:48
Re: hospitalization leave before confinement

may i know that, whether the company need to paid for 60 days hospitalization leave to the employee, due to the employee are not fit to work during her pregnancy? i.e. she do have recognized hospital letter.
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KL Siew
pesaraonline@gmail.com
08/11/2010 16:15:46
I can only let you read the proviso and subsection in Section 37 of the Employment Act and hope you can get some guidance from it.

"Provided that where a medical officer or the registered medical practitioner appointed by the employer certifies that the female employee as a result of her advanced stage of pregnancy is unable to perform her duties satisfactorily, the employee may be required to commence her maternity leave at any time during a period of fourteen days preceding the date of her confinement as determined in advance by the medical officer or the registered medical practitioner appointed by the employer.

(bb) Where a female employee abstains from work to commence her maternity leave on a date earlier than the period of thirty days immediately preceding her confinement, such abstention shall not be treated as maternity leave and she shall not be entitled to any maternity allowance in respect of the days during which she abstains from work in excess of the period of thirty days immediately preceding her confinement. "
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ms chan
finance@abset.com
08/11/2010 16:34:27
besides the 60 days maternity leave, does she entitled to claims on hospitalization leave (=60 days). i understand that, the incident normally due to accident or illness.
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KL Siew
08/11/2010 16:40:58
Of course, if the hospitalisation is not due to pregnancy related illness.
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ms chan
finance@abset.com
08/11/2010 16:53:15
which means, pregnancy illness not in the hospitalisation leave right?
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KL Siew
08/11/2010 17:41:51
Not necessary so. If she is not entitled to maternity allowance during the period of hospitalisation, she will still be entitled to hospitalisation with pay.
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ms chan
finance@abset.com
09/11/2010 10:31:34
then, how about if she is entitled maternity allowance of 60 days, is she still entitled for another 60 days of hospitalisation leave as well, with pay?
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KL Siew
09/11/2010 12:07:20
Yes, if the two 60 days are in different periods of time.
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ms chan
11/11/2010 08:35:03
i thought, the hospitalization leaves only eligible for those due by accident or illness, and not for pregnancy healthy problem!
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KL Siew
11/11/2010 08:41:20
Best is to consult the Labour Department for their official views.
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ms chan
11/11/2010 10:20:51
actually i did call to labour office, and one of the officer told me that, hospitalization due to pregnancy illness is not entitled to claims on hospitalization leave, but i need a black & white for proven, they asked me to meet them for futher explanation.

somemore, i thought this is a labour office column.
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KL Siew
11/11/2010 11:04:31
I am quite surprised with what they told you. Go and meet them. About this column, you can find out more in the homepage of this website.
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