2019-06-26 at

Maternity Allowance - Employment Act Malaysia 1955

Study on the limit of employer liability for any staff covered under the Employment Act 1955, Malaysia.
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In an employer's worst-case-scenario :
(abstraction: 30d=1mo, over an 11mo period, a staff can deliver 3 months of paid work, 6 months unpaid absence, and still put a liability of 2 months paid leave on the employer)
  • [day 0: employee starts work
  • [day 89: employee has worked for 89 days, stops work here, goes missing]
  • [day 116: employee gets pregnant]
  • [day 149: employee now missing for 60 days]
  • [day 150: employee reapplies for work, is readmitted, and works on this day only, has now worked 90 days in 5 months, sends a formal letter to employer informing that she intends to give birth, then goes missing again]
  • [day 210: ex-employee sends a formal letter to employer informing that she intends to go on maternity leave in 60 days]
  • [day 270: employee has been missing [60+120] days, enters confinement on this day, begins maternity leave, and qualifies for statutory maternity allowance of 60 days at the liability of the employer]
confinement: defined in the Act as the day of birth of the first child born, and end on the day of birth of the last child born, for a single pregnancy; (female: not defined in the Act; here used to refer to any homo sapien with the capacity for pregnancy and confinement)
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22 weeks: minimum duration of pregnancy qualifying for statutory confinement (henceforth, "SC"); (40 weeks: normal pregnancy preceding confinement)
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9 months: maximum period before SC, within which if a female has been employed at least 90 days, she will qualify for statutory maternity allowance (henceforth, "SMA")
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4 months: maximum period before statutory confinement, within which if a female has been employed at least 1 moment, she will qualify for SMA (subject to previous clause)
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4 surviving natural born children: (conservatively assumed to exclude children born of the current SC) the maximum number qualifying a female for SMA; ("natural born children" is not defined in the Act)
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60 days: minimum duration of maternity leave for which SMA applies subjects to the clauses above

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