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Resign before maternity leave

MissABC
Member
Mon, 19 Aug 2019 12:27:03 PM  (Last updated: Mon, 26 Aug 2019 08:41:22 AM)

Hi Sir/Madam 

I would like to seek for your advise if i still entitled for my maternity benefit if resign earlier (before my maternity leave/before Give birth)

Below summary for your reference : 

Estimate Due Date : 23rd January 2020 ( Current on 17th Week pregnant) 

Planning to resign : End of September 30th 2019 ( 1 month notice , last day should be end of October 2019) Am i still entitle for the maternity benefit or i should be resign end of October to be safe? as i dont plan to continue work even after i have give birth. 

Joined company : December 17th 2018 and received confirmation letter by company on 1st April 2019 (Completed returned signed by both parties is 18th April 2019)

Reason of resign :

1. Company has terminate everyone in office and left me alone. 

2. Assigned me jobscope which is not under my position. I have to follow up with admin , marketing , Sales for consumer , Finance (such as office rental) and also logistic . But in the contract it does stated this phrase " Any other duties as asigned to you by the company from time to time , which i think is not fair for me.

3. My position hired is Commercial Business Sales but end up now i have to do everything assigned by company as there are no other local people to support/do it including Consumer part. 

4. Offer same salary without any increasement. My Salary over RM 5K from the begining till now (Am i still entitled for the maternity benefit )

I have gone over to Perkeso Office in KL but the feedback or advise received is not clear as the staff keep repeating reading the maternity section to me only. 

Please help and advise

Thank you 

mdkamil
Contributor
Tue, 20 Aug 2019 03:31:33 PM
  • All female employee is covered under Part IX (Maternity Protection) in the Employment Act 1955
  • Entitlement for maternity allowance is stated in Section 37(2) of the EA1955. However the clause may be confusing to a lay man. So, better seek clarification from Labour Officer at Jabatan Tenaga Kerja (not from PERKESO)
MissABC
Member
Thu, 22 Aug 2019 10:37:04 AM

Hi , 

Thanks for your feedback . I have even check with the office in Jabatan Tenaga Kerja but their info provided not help enough as different people giving different suggestion. 

I was told that i was protected by maternity benefit but what if i have resign am i still get being pay for the maternity 2 month ? the officer didnt provide me an answer on this. As they ask me to discuss with my company HR but the company i'm working now do not have any other colleague or department , just me and myself alone. The company have terminate everyone except me. They giving me pressure and assigned me to do almost everything as i'm the only local person can support at this moment. 

i'm planning to resign end of September 2019 and wandering if i still get pay for the maternity 2 month ? Can i request them to pay me on my last day of working ? As they are not local company and operate in co working hot desk office only . They can move out the business from Malaysia any time . 

Please advise

Thank you 

mdkamil
Contributor
Thu, 22 Aug 2019 03:27:00 PM

If you read Sec 37(2)(a)(i) and Sec 37(2)(a)(ii), Sec 37(2)(d) and Sec 37(3) in the Employment Act 1955, it seems that you can claim for the maternity allowance even though you have resigned.

However, the clauses are open for interpretation and the best is to consult a lawyer who is well verse in interpreting labour laws.

MissABC
Member
Thu, 22 Aug 2019 07:52:54 PM

Thanks for the advise. I have few more question.

1. I have informed my HR from HQ on my maternity EDD and requested them to acknowledge but they ignore my email but in the same email CEO congratulate me on the pregnancy. 

Can i conclude the company has acknowledge my pregnancy ? even no reply from HR 

2. Beside seek advice from a lawyer can i go any other labour department to seek for the advise ? 

3. As i read thru section 40, it did mentioned as below 

Loss of maternity allowance for failure to notify employer 

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. 

(2) A female employee shall within a period of sixty days immediately preceding her expected confinement notify her employer of it and the date from which she intends to commence her maternity leave and if she commences such leave without so notifying her employer, the payment of maternity allowance to her may be suspended, notwithstanding section 38, until such notice is given to her employer. 

Please help and advise

Really stress on this matter. ='(

mdkamil
Contributor
Fri, 23 Aug 2019 03:54:55 PM
Originally posted by MissABC on Thu, 22 Aug 2019 07:52:54 PM

Thanks for the advise. I have few more question.

1. I have informed my HR from HQ on my maternity EDD and requested them to acknowledge but they ignore my email but in the same email CEO congratulate me on the pregnancy. 

Can i conclude the company has acknowledge my pregnancy ? even no reply from HR 

2. Beside seek advice from a lawyer can i go any other labour department to seek for the advise ? 

3. As i read thru section 40, it did mentioned as below 

Loss of maternity allowance for failure to notify employer 

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. 

(2) A female employee shall within a period of sixty days immediately preceding her expected confinement notify her employer of it and the date from which she intends to commence her maternity leave and if she commences such leave without so notifying her employer, the payment of maternity allowance to her may be suspended, notwithstanding section 38, until such notice is given to her employer. 

Please help and advise

Really stress on this matter. ='(

1. Your responsibility is to inform your employer about your pregnancy & expected date of delivery. As long as you have a proof that you have inform them, it is not necessary to get their acknowledgement.

2. You may also go to Jabatan Tenaga Kerja and seek advise from the Labour Officer.

3. Loss of maternity allowance -

Sec 40(1) says if a female wants to resign from one employer, and she knows that within 4 months from the date of her resignation she will give birth, she MUST notify the employer about her pregnancy before she resigns. If she does not inform her employer about her pregnanvy, she cannot claim any maternity allowance from that employer after she resigns.

Sec 40(2) says 60 days before a female employee starts her maternity leave, she must inform the employer about her expected date of delivery and the date she plans to start taking maternity leave. If she go on maternity leave without informing the employer, employer may hold the payment of maternity allowance.

As law is very much subjected to one's interpretation, I would again advise you to seek clarification from a lawyer who is very well verse on this subject. 

MissABC
Member
Mon, 26 Aug 2019 08:41:22 AM

Thank you Sir for your feedback and advise.