Carol Loo's avatar'
Carol Loo•4 tahun yang lepasOther Workplace Issue

Pregnant employee do not have maternity leave, is it okay?

can i get an advise, a pregnant employee from full time was converted to contract due to not performing in her works. she was working for 2 years plus then management asked her to report to different manager. With this manager she got 2 warning letters and after second letter she was offered 1) termination with 1 month notice 2) contact ended September 2020 including maternity leave this emp chose for contract. she received a letter stating she was converted into a contract ended September 2020. howeve in the contract did not state for the maternity leave. but the manager did informed the employee verbally her maternity will starts June. Should she sign the new contract?
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Zafran's avatar'
Zafran•5 tahun yang lepas
First of all, the employer is very lucky that the employee is stupid enough to agree that easily to a (previously unilateral) "variation of contract". Secondly, the employer is very foolish to expose themselves to the risk of litigation at IR Court for Constructive Dismissal (CD) by skipping the Performance Improvement Plan (PIP) process. Read the Section 37 of the EA. It is applicable to ALL female employees regardless if they are defined as an employee or not according to the Schedule 1 of the same act. A person do not have to be a current employee to an employer to be entitled to receive Maternity Leave. As long as the employee fulfill the conditions, than she would be entitled to receive the Maternity Allowance regardless her status whether she is a current employee of the said employer or not (a former employee). By not granting Maternity Leave or not paying Maternity Allowance, an employer could be found violating the relevant section(s)of EA 1955, and be liable to fines (or other punishment).
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