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Andra
07/01/2010 10:00:18
Re: Maternity & Notice Period

Hi Siew,

I would like to know whether is the any provision in Act that says that an employee cannot use her maternity leave to offset her notice period (i.e. can her maternity leave runs concurrently with her notice period)?.
A staff is required to give 4 months notice period and it would start from 01 Feb to 31 May. As her confinement would be on 01 April, she intends to use her 2mths maternity leave to run concurrently with her notice period. Her boss insists saying that she can't do that and by right she should be physical present in the off while serving the notice. Working more than 12 years and salary above 2k.

Pls advise.
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KL Siew
pesaraonline@gmail.com
07/01/2010 10:20:33
How about her using the two month's maternity allowance as indemnity in lieu of the notice, which means she will agree forgo her maternity allowance? Since she is going to resign, there is not much point to keep her back. It is up to the parties to work out something agreeable to both.
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Andra
07/01/2010 12:25:21
In that case, it looks like she can't use her maternity leave to offset her balance 2 months notice period right?
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KL Siew
07/01/2010 15:59:43
To me, she can do it if she is willing to forgo the two month's salary which is her maternity allowance. You mean the company wants her to come back after maternity leave and work through the other two months' notice?
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Leong
10/03/2010 21:44:34
I have ex collegue who has done that before. She tendered during her maternity and the 2 months confinement were considered as notice period. (she has to give 3 mths notice). She came back for few days because she has AL to offset with remaining days. As i understand, to use AL to offset is something to be discuss with your boss/HR but maternity leave, i think can be use as notice period.
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ahsuah
22/05/2010 10:27:52
i'm in the exact dilemma now.

1) My notice period is 3 months. I plan to tender resignation on 1st June.
2) My expected maternity period is from Mid-July till Mid-Sept
3) I hv received an offer from a company to start work in October.

Technically speaking, if I were to tender my resignation on 1st June, i would need to serve my notice period from June, July & August. However, July & August would be my maternity period.

Question: Can I use my maternity period (july & august) as serving notice period? is this against the law?
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