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28/04/2011 10:39:00
Re: Issue of Maternity leave and Annual Leave


I am a confirmed staff who has been service 4 years is pregnant on March'2010. Due to previous cervical incompetent case,
doctor issue a letter to rest start from 03.05.2010 till due date 3rd Dec'2010.Within this period I did a small operation to prevent the cervical incompetent case.So from 03.05.2010 to due date is consider unpaid leave.After delivered I called office to inform HRD and she my maternity leave till 31/1/2011. After 60days back to office,my HR dept just told I am not entitle to get maternity leave and salary start count from 1st Feb'11.Did I entitle to maternity leave when deliverd baby at 3rd Dec'2010?Did I entitle for annual leave within the period of unpaid leave? If I really not entitle to Maternity leave so when did my annual leave start count from?
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28/04/2011 11:45:12
I think you and your HRD make some mistake here.

Your mistake:-
In 03.05.2010, since you plan to take unpaid leave, why don't you clear off your annual leave only start apply unpaid leave? You will get paid 03.05.2010 until u finish off your AL instead of no paid start from 03.05.2010 to 03.11.2010. <-- You should be wonder why 03.11.2010.

In section37(1)(b)
A female employee is entitled to only up to 30 days of paid maternity leave before confinement and 30 days after confinement, making a total of 60 consecutive days.

Confinement means the birth of a child.

So 03.11.2010 to 03.01.2010, is consider your maternity leave.

Your HRD mistake:-
Since you join the company already 4 year, you are entitle to Maternity leave.
The year 2010 and year 2011 total got 120 maternity leave and also if you are working more than 2 year in that company, you already entitle up to 12 AL per year, that would be a total of 24 AL (if you are cover with EA).

So you should be entitle your salary from 03.11.2010 to 03.01.2011 (Maternity allowance).

For 04.01.2011 to 31.01.2011, if you got a doctor letter stated you still not yet fit to start work, then it is consider medical leave. You still get paid. If don't have then it is consider unpaid or use your AL to contra it. Your annual leave for 2011 still got 12 days to use.

Section 37(2)
Monthly rated employees must be paid their monthly salaries as normal while other rated employees must be paid their wages during the period of maternity leave.

Try go to your HRD department and discuss with them the EA. If they don't pay, consult the labour department.
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28/04/2011 12:32:02
Made a mistake =.="

03.11.2010 to 03.01.2011 is 62 days

so it would be
04.11.2010 to 02.01.2011 = 60 days

Sorry Sorry

If still got mistake please correct me. Sometime type without think
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