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Experienced
Employer
 Practical
Tips - Rest Days
 Practical
Tips - Statutory Holiday
 Practical
Tips - Paid Annual Leave
 Practical
Tips - Severance Payment
 Practical
Tips - Long Service Payment
 Practical
Tips - Maternity Leave
Practical
Tips - Termination of Contract
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Practical
Tips - Maternity Leave
- Is a pregnant domestic helper entitled to Maternity Leave?
A female domestic helper is entitled to
10 week's Maternity Leave if she employed for at least four weeks
immediately before the commencement of her maternity leave. She
needs to give notice of pregnancy to the employer.
- My maid just found to have pregnant. But how does this Maternity
Leave work out ?
- With the agreement of
her employer, a pregnant domestic helper may decide to commence
her Maternity Leave from two to four weeks before the expected
date of confinement;
- If the pregnant domestic
helper does not decide on the date, or fails to secure her
employer's agreement, the helper shall commence her Maternity
Leave four weeks before the expected date of confinement;
- Maternity Leave commences
on the date of confinement if it occurs before the scheduled
maternity leave. In this case, the pregnant domestic helper
should give notice of the date of confinement and her intention
to take 10 weeks' Maternity Leave to her employer within seven
days of her confinement.
- Under what conditions a pregnant domestic helper is eligible
for Maternity Leave Pay ?
- She has been employed
under a continuous contract for not less than 40 weeks immediately
before the commencement of maternity leave;
- She has given notice
of pregnancy and her intention to take maternity leave to
her employer after the pregnancy has been confirmed. For example,
the presentation of a medical certificate confirming her pregnancy
to the employer;
She has produced a medical certificate specifying the expected
date of confinement if so required by her employer.
- How does this Maternity Leave Pay work out ?
- Maternity Leave should
be paid for a period of 10 weeks and it should be paid on
the normal pay day. Maternity Leave pay shall be equivalent
to 4/5 of the domestic helper's normal wages.
- An employer who fails
to grant Maternity Leave or fails to pay maternity leave pay
to an eligible pregnant domestic helper is liable to prosecution.
- My maid wants to attend medical check for pregnancy, will
it be counted as paid leave?
- When the pregnant domestic
helper is absent from work to attend medical examination in
relation to her pregnancy, post confinement medical treatment
or miscarriage, any day on which she is absent shall be counted
as a sick leave.
- Can I dismiss my domestic helper who just found to have
pregnant ?
- A pregnant domestic helper
enjoys employment protection from the date she is confirmed
pregnant by a medical certificate to the date she is due to
return to work upon the expiry of her Maternity Leave. During
this period, the employer is prohibited from dismissing the
pregnant helper.
- If a pregnant domestic
helper is terminated by her employer before she has served
a notice of pregnancy, she may serve such notice immediately
after being informed of her termination. Under such circumstances,
her employer must withdraw the termination or the notice of
termination.
- The employer can terminate
the contract signed with a pregnant domestic helper only if
due to her serious misconduct other than pregnancy reason
- Except for the circumstances
provided above, it is an offense for an employer to terminate
a pregnant domestic helper. Besides, the employer is also
required to pay the following sums of money to the dismissed
employee:
- wages in lieu of notice;
- a further sum equivalent to one
month's wages; and
- 10 weeks' maternity leave pay
- Can we assign the pregnant domestic helper to do heavy household
work ?
- If a pregnant domestic
helper produces a medical certificate to her employer to prove
her unfitness to handle heavy materials, work in places where
gas injurious to pregnancy is generated, or do other work
injurious to pregnancy, the employer may not allocate such
work to the helper. If the helper is already performing such
work, the employer shall within 14 days remove her from that
work.
- The employer may, at
his own expense, arrange for the pregnant domestic helper
to attend another medical examination by a registered medical
practitioner within 14 days after receiving the medical certificate
of the employee.
- An employer who fails
to comply with the above requirements is liable to prosecution.
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