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Maternity Leave

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Yu Ting Ng
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24 views1 page

Maternity Leave

Uploaded by

Yu Ting Ng
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Maternity Leave

Maternity leave is the period during which a female employee is allowed to be away from work in connection with
childbirth. Maternity leave is a protected right under the Employment Act 1955 in Malaysia. According to the Act:

Maternity leave cannot start more than 30 days before the expected date of childbirth unless a medical officer or a
registered medical practitioner certifies that the employee is unable to perform her duties due to the pregnancy.

If certified as such, the employee can be required to start maternity leave at any time within 14 days before the expected
delivery date.

Maternity leave must begin no later than the day after childbirth.

The standard period of maternity leave is a minimum of 98 consecutive days.

Eligibility for Maternity Leave:

Any female employee regardless of her marital status is entitled to maternity leave for each confinement.

Maternity Allowance

Maternity allowance is a financial benefit paid to an employee during her maternity leave. The key points regarding
maternity allowance from the Act are:

An employee is entitled to a maternity allowance if she has worked for the employer for a period of, or periods totaling,
not less than 90 days in the nine months immediately before her confinement.

She must also have been employed by the employer at any time during the four months immediately before her
confinement.

The allowance is payable for the eligible period of maternity leave (not less than 98 consecutive days).

A female employee is not entitled to any maternity allowance if, at the time of her confinement, she has five or more
surviving children.

Eligibility for Maternity Allowance:

To be eligible for the maternity allowance, the employee must meet the employment duration requirement and not have
five or more surviving children.

Difference between Maternity Leave and Maternity Allowance

Maternity Leave refers to the actual time off granted to a female employee to recover from childbirth and care for her
newborn.

Maternity Allowance refers to the financial compensation paid during this leave period. It is meant to support the
employee financially when she is not earning her regular wage due to being on leave.

The eligibility for maternity leave itself does not seem to be directly contingent on the length of service. A female
employee is entitled to maternity leave for each confinement.

However, the eligibility for maternity allowance, which is the payment received during maternity leave, does have specific
service length requirements. To be eligible for the maternity allowance, the female employee must have been employed
for a period of, or periods amounting in aggregate to, not less than ninety days during the nine months immediately before
her confinement. Additionally, she must have been employed by the employer at any time in the four months immediately
before her confinement.

Both the leave and allowance are tied to each other but have separate conditions for eligibility. An employee may qualify
for leave but not the allowance (for example, if she has five or more surviving children), or she might qualify for both,
depending on her specific circumstances and the fulfillment of the conditions outlined by the Act.

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