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Sandy Yap
sandy.yap81@yahoo.com
15/09/2011 12:25:29
Re: Commence Maternity Leave Early

Now I'm 33 weeks of pregnancy, i would like to commence my maternity leave early (with medical officer's letter stated that i can start my maternity leave early). My confinement is on 31/10/2011 but i wish to take 05/10/11 (earlier 26 days). Before 05/10/11, i will take annual leave starts 26/09/11 to 04/10/2011. Can i take the annual leaves then continuing my maternity leave? Your urgent reply is highly appreaciated. thanks.
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KL Siew
pesaraonline@gmail.com
15/09/2011 11:48:24
You can the necessary info in Section 37 of the Employment Act especially under subsection (b) and subsection(bb).
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Sandy Yap
sandy.yap81@yahoo.com
15/09/2011 15:35:13
Section 37 of the Employment Act

(b) Subject to section 40, maternity leave shall not commence earlier than a period of thirty days immediately preceding the confinement of a female employee or later than the day immediately following her confinement.

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.

Sorry, can you explain further on the above statement? I know that i can't take maternity leave early > 30days (my case is 26 days), but the clause "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" what does it mean on the 14 days? Does it mean that i can commence my maternity leave early by 14 days (before confinement date)? OR i can take 26 days earlier?

Pls assist me... Thanks a lot.
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Sandy Yap
sandy.yap81@yahoo.com
15/09/2011 15:03:42
Sorry, i have another question....

Now I'm entitle 90 days maternity leave, if i resign during my maternity leave, what employer can take action against me? do i still get my basic salary for the month? OR do i need to wait until my resume work (finish my maternity leave) just can resign?

Your assistance is highly appreciated. thanks a lot.
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KL Siew
pesaraonline@gmail.com
15/09/2011 15:49:42
Simply put, if you want to commence your maternity leave earlier, you should get a medical report from your company doctors or if there is no qualified doctors, from your gynecologist for you to do so.

About resignation, try not to give notice to concede with your maternity leave because some employers may not want to pay maternity allowance. I think it would better if you could sort out the matter with your HR to avoid unnecessary disputes.
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