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Case 2: Maternity Leave Aida Jebat was hired as a clerk with Syarikat Manisan Sdn BHD...

Case 2: Maternity Leave

Aida Jebat was hired as a clerk with Syarikat Manisan Sdn BHD on 1 July 2010 with a salary of RM1,200 per month. She was placed on six-month probation. On 1 October she informs the company that she is going on maternity leave. Her expected date of confinement is 1 December 2010, and she intends to commence her maternity leave on 1 November 2010. On 29 November 2010, she died from childbirth complications. The child was survived.

  1. Is the company obliged to pay any maternity allowance? Explain your answer by relates to related act.
  2. If yes, to whom, how many days and how much must the company pay?
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Answer #1

1. Yes, as per the Maternity Benefit Act, the company is obliged to pay maternity allowance if an employee, whether on probation or not, is entitled to maternity benefits and full allowance must be provided to the employee during the maternity period as per the Act.

2. The company must pay maternity allowance to Aida Jebat from November 1, 2010 till November 29, 2010. The amount of maternity allowance is calculated as below:

Monthly salary = RM1,200

Number of days in November = 30

Per day salary = 1200/30 = RM40

Salary for 29 days = 40*29 = RM1160

Hence the company must pay RM1160 as maternity allowance to Aida Jebar during the maternity period.

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