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Resign before taken maternity leave

regine
Member
Fri, 31 May 2019 09:57:46 AM  (Last updated: Fri, 31 May 2019 10:55:13 AM)

I would like to ask, As I am an employee,
My pregnancy due date is on 20th August 2019. (Maternity leave : 2 mths)
My notice period is 3 months.
But I am planning to resign on 20th July 2019.
For the date ''20th July 2019 - 20th August 2019'', I am still working contra with the first month notice period.This is no problem, right?

But for the second & third month notice period, (i) can I contra with my maternity leave 2 mths? (ii) Can I get the maternity pay from my employer?

TQ. 

regine
Member
Fri, 31 May 2019 10:24:14 AM

Addition Question: (iii) There is no law said that Maternity Leave cannot contra with Notice period, right? In my employment contract, there is also no mentioned about Maternity Leave cannot contra with Notice period.

KL Siew
Administrator
Fri, 31 May 2019 10:55:13 AM

In my opinion, when you give resignation notice, you must work during the notice period. If you give resignation notice to coincide with your period of maternity leave, you company may not pay you the maternity allowance as they may use the maternity allowance for indemnity in lieu of notice. You should first seek clarification from your company whether they will accept your resignation notice to coincide with maternity leave and will still pay your maternity allowance.

You can also seek clarification from the Labour Department and get official ruling, give them a call.

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