What happens if employer asks me to leave b4 maternity?

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What happens if employer asks me to leave b4 maternity?

Postby Happymummy22 » Tue Sep 09, 2014 11:15 am

Hey mummies, I came across this story and was wondering if it is still illegal if employer asks a mummy to leave before she goes on maternity.

In employment act, it is only prohibited if the employee is asked to leave whilst being on maternity leave. Should the statutory law provide protection for the "window" gap before she goes on maternity so employers cannot take advantage of the loophole? Can turn to union for assistance?

http://www.fivestarsandamoon.com/your-l ... -pregnant/

Story:

The following letter came from Lee, 29, administrator

Dear editor,

I have read several worker’s related articles on your site and thought I’d thought I would seek your opinion on what my friend can do. I have a friend who is 28 years old and about to go on her maternity leave soon. What happened was, her boss called up her colleague to suggest that she leave the company as there wasn’t a lot more that she can contribute at work.

The pitiful thing is, she used up all 60 days hospitalization leave due to complication of the pregnancy, was on unpaid hospitalization leave when the boss (called up her colleague to) ask her to resign.

I want to ask a few things:

a.) Can a company ask a worker to leave because she’s about to go on maternity leave?

b.) If it is illegal, surely the company will “terminate” you with other reasons (no use for you, no money to pay you, poor performance etc) what then?

c.) Apart from MOM, what other organisations can she go to for assistance?

Sincerely, Lee

Our reply:

Dear Lee,

Firstly, this isn’t legal advice. But to very quickly answer your questions:

a.) No, the company cannot ask a woman going on maternity leave, to leave. Doing so is a statutory offence and you can raise this directly to the Ministry of Manpower.

b.) Now if there really has been exceptional financial problems the company is facing, or if your friend actually was ill disciplined, then well… it is a very tough negotiation. Which brings me to the next point:

c.) Where there are clear offences, go directly to MOM. They will deal with the company. But where the offence is not as clear… then you will do better asking a union for assistance. Unions are employee centric labour-rights forces that have soft power in negotiations in a company. However, they only have power if a company is unionised. Tell your friend to ask her colleagues. Besides the negotiations, she can ask for legal advice and if she really had financial problems, the unions can help to mitigate.

I hope this would be helpful.

Sincerely, Tay Leong Tan

Happymummy22
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Re: What happens if employer asks me to leave b4 maternity?

Postby limlim » Tue Sep 09, 2014 2:39 pm

There is nothing to stop the employer from asking the employee to leave before the maternity leave.

But I guess, after the 3rd month (or 6th month? not sure of the exact term), the employer is still liable to pay for the full maternity benefits even if the employee is asked to leave before taking maternity leave.

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Re: What happens if employer asks me to leave b4 maternity?

Postby Pen88n » Tue Sep 09, 2014 3:13 pm

If you noticed from the post, the employer did not officially terminate her. The boss asked the colleague to ask her to resign. If resignation is on own accord, the employer is not liable for benefits like maternity leave.

The employee has been approached on a personal basis, probably because the boss knows it is not "right". I think the employee should formally (via email) asked the boss what is his / her intention and stand on this. If the boss wants to terminate the employee, she should formally use the right route and fairly provide the benefits. Termination due to poor performance need to be supported by documentation that performance improvement plan have been provided before and no show of improvement in performance.

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Re: What happens if employer asks me to leave b4 maternity?

Postby limlim » Tue Sep 09, 2014 5:10 pm

She can always refuse to resign.. :evil:

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