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PREGNANT STAFF - CONTRACT BASIS

ABCD1234
Member
Thu, 01 Feb 2018 06:01:42 PM  (Last updated: Mon, 05 Feb 2018 09:10:58 PM)

Hi,

Contract staff - 1 year contract. Warded on 20/1/18. gave birth 26/1/18. contract should end June 2018. during joining, we did not know about her pregnancy. 

after gave birth, her husband informed that her wife decided not to continue her contract with us. - no resignation letter. so we decided to put 26/1 as her last working day. after salary she was calling us asking why she did not getting her full salary. and she was asking for the maternity benefit. we asked her to serve notice. however, is there any better solution.

What should we do.

Gon
Contributor
Thu, 01 Feb 2018 09:30:06 PM

consider resignation without notice and ask her to pay for her notice.

At the same time, give her full maternity allowance.

Do not offset directly from the allowance, put into two separate letter, 1 full maternity allowance and another one paying for notice

ABCD1234
Member
Thu, 01 Feb 2018 10:16:01 PM

but why we have to pay for her maternity when she decided to resign?

Gon
Contributor
Fri, 02 Feb 2018 01:17:40 AM

37(2) (a) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if—
(i) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement; and     ( she work more than 90days therefore entitled for allowance) 
(ii) she has been employed by the employer at any time in the four months immediately before her confinement;    

and we refer clause below

40. (1) A female employee who is about to leave her employment and who knows or has reason to believe that she will be confined within four months from the date upon which she leaves shall before leaving her employment notify her employer of her pregnancy and if she fails so to do, she shall not be entitled to receive any maternity allowance from such employer.

So if she had communicated her pregnancy and she resign, she still entitled for 2 month allowance even she has left employment.

ABCD1234
Member
Mon, 05 Feb 2018 09:10:58 PM
Originally posted by Gon on Fri, 02 Feb 2018 01:17:40 AM

37(2) (a) A female employee shall be entitled to receive maternity allowance for the eligible period from her employer if—
(i) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement; and     ( she work more than 90days therefore entitled for allowance) 
(ii) she has been employed by the employer at any time in the four months immediately before her confinement;    

and we refer clause below

40. (1) A female employee who is about to leave her employment and who knows or has reason to believe that she will be confined within four months from the date upon which she leaves shall before leaving her employment notify her employer of her pregnancy and if she fails so to do, she shall not be entitled to receive any maternity allowance from such employer.

So if she had communicated her pregnancy and she resign, she still entitled for 2 month allowance even she has left employment.

1) she worked at site, so we wont know her condition (being pregnant). what if she miscarriage?

2) correct me if im wrong. if she worked more than 3 month with us then she can claim the maternity allowance even she just notify us about her pregnancy?

3) to entitle the maternity allowance she must produce the mc cert? what if she only produce us the birth cert?

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