Employers cannot terminate employees on maternity leave

Employers cannot terminate employees on maternity leave

Employers cannot terminate employees on maternity leaveBernama reported, the Dewan Rakyat was informed today that employers are not permitted to fire pregnant workers on sick as well as on maternity leave.

The Employment Act 1955 addressed the issue, according to Deputy Human Resources Minister Datuk Mustapha Sakmud. Thus, employers who disregarded the guidelines risked legal repercussions.

“According to Section 41A(1) of the Employment Act 1955, employers prohibited from serving notice of termination to female employees who are pregnant or sick during pregnancy unless there are grounds for misconduct or the closure of business operations.

“Employers can be prosecuted and issued with a compound if they fail to comply with the regulations,” he said in reply to a supplementary question from Abd Ghani Ahmad (PN-Jerlun) regarding the action against employers who terminate employees on maternity leave.


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As of 31 October, 44 complaints regarding businesses received. They deprived pregnant workers of their whole 98-day maternity leave entitlement, according to Mustapha.

He also added that sixteen of the total reports received deemed unfounded, and 28 were baseless concerns.

“All cases resolved with the employers granting the 98-day maternity leave entitlement to employees involved.” He said in response to the original question from M.Kulasegaran (PH-Ipoh Barat). Which is regarding the measures taken by the government in order to ensure that all employers comply with the policy.

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