Resign on maternity leave
Member
Hi,
I have a maternity question.
My maternity will start from 5 Sep 2010 to 4 Nov 2010.Resignnotice need to give 2 months. I decide to tender notice on 5 sep 2010. Should i get my maternity allowance? My salary more than 1500 but less than 5000.
I have try to call Labour department, but they say im not protect my EA. I try to another officer but different officer different view. Some officer say i can get my maternity allowance. What can i refer? Please give me some advice before i do any action. Thanks in advance.
Administrator
The EA aside, but don't tender your resignation to coincide with your maternity leave unless you are willing to forgo your maternity allowance. When one gives notice, she is supposed to work during the notice period. If you don't work, you have to pay indemnity, which in this case, may be your maternity allowance. Beware about this point before you put in your resignation.
Now, about your salary and you eligibility under the Employment Act, is there a clause in your contract of service/appointment letter stating that you are entitled to maternity benefit?
Member
I work at that company around 9 months. Contract of Service of my company is almost same with labour art. I think i can get my maternity allowance.
I want to get my martenity allowance and i also dnt want continue work at there after finish martenity.
I want take care my baby after deliver, i really hope can get the martenity allowance. i have ask about my colleague, they said HR will follow labour law.
Refer to labour law i have put 2 months notice, and company need to pay me maternity allowance since i work at that company over 4 months before my confinement. But like what u mention, i cnt use my maternity leave to cover the 2 months notice rite? Any suggest for me?
If i no go back to work after martenity, what action they can take on me?
Another way, i give them 2 months notice after finish my maternity but in that 2 months i totally take EL or unpaid leave, what action they can take on me?
Third way, if i can get doctor supporting letter say im unfit to work after deliver, will this support me to give 2 months notice during maternity?
Thanks in advance. Really hope can get your suggestion to help me solve this headache problem. :)
Administrator
Your first way: You may try your luck. Otherwise may have to serve notice after maternity leave.
Your second way: You will have to pay indemnity for every day of EL, unpaid leave taken.
Your third way: You can do that of course but it will only be up to your sick leave entitlement.
The best way for you to do is to consult the Labour Department as your case may have to go to them in the end. Alternatively, you can always discuss first with your employer about what you intend to do see whether he will accept your giving notice to coincide with your maternity leave and with full maternity allowance.
Member
Any clause mention about can OR cannot tender the resignation to coincide with maternity leave ?
When one gives notice, she is supposed to work during the notice period. If you don't work, you have to pay indemnity, any clause in EA to support this?
My salary over RM1500, i not protect by EA izit? I need to follow company act izit?
But my company didnot mention about what I am facing now.
If i go to Labour Department, they will say need discuss with your own employer.
Thank
Administrator
Sorry, those were my personal views and need not necessarily be followed. Your best recourse is either the Labour Department or the civil court. You can get a lawyer to sue the employer should your case is out of the jurisdiction of the Labour Department.
