Dear all,
I\'m working in a hygiene company in Malaysia. We just employed a female staff and her duty is to conduct QC at clients place. After 17 days of work she is confirmed pregnancy by panel clinic. As concern of her situation, we have to let her cut down her work in field. In this case, can we extend her probation period(supposed is 6 months) until she come back from maternity leave?
Please advice & thanks.
With Regards,
Wee
From Malaysia, Bandar Penggaram
I\'m working in a hygiene company in Malaysia. We just employed a female staff and her duty is to conduct QC at clients place. After 17 days of work she is confirmed pregnancy by panel clinic. As concern of her situation, we have to let her cut down her work in field. In this case, can we extend her probation period(supposed is 6 months) until she come back from maternity leave?
Please advice & thanks.
With Regards,
Wee
From Malaysia, Bandar Penggaram
Hi wee,
please check your labour laws. What is the minimum stipulated time period a woman employee has to work in the current employment to avail the benefit of maternity benefit act.
Regarding extending probation, would not advise, as it is un ethical, arbitary, unfair & can be deemed as discrimination against pregnant woman employees.... Moreover a pregnant lady has legal rights to ask for less hazardous, less stressful work.....
I am 101% sure, there must be a provision of minimum working days which an employee must have completed to avail maternity benefit.
Further, it depends upon your hr policy, vision & management thought process, remember , law only lays down minimum guidelines but never stops you to give more to your employees....
Best wishes,
rajesh satyal
+91-9810210690
From India
28please check your labour laws. What is the minimum stipulated time period a woman employee has to work in the current employment to avail the benefit of maternity benefit act.
Regarding extending probation, would not advise, as it is un ethical, arbitary, unfair & can be deemed as discrimination against pregnant woman employees.... Moreover a pregnant lady has legal rights to ask for less hazardous, less stressful work.....
I am 101% sure, there must be a provision of minimum working days which an employee must have completed to avail maternity benefit.
Further, it depends upon your hr policy, vision & management thought process, remember , law only lays down minimum guidelines but never stops you to give more to your employees....
Best wishes,
rajesh satyal
+91-9810210690
From India
Legally, morally and ethically, I do not see any reason as to whay Management can not extend the Probabtion Period of an employee proceeding on Maternity leave.
Providing benfits like full salary is different from confirmation. Let us presume an employee falls sick for two months within few days of joining duties, and if he/or she had to proceed on leave for a period of three months. In such a situation, normally we recommend exiension of probation by the duration he or she has proceeded on leave. When we specify that a person sjhall be on probation for a period of 12 months, we presume that we can observe the person's work for 12 months. For any reason including maternity, if a person had to proceed on long leave during probation, it is perfectly alright for a Managemnt to demad the equzl period of work she has proceeded on leave for observation.
Eligibility for payment based on the number of days worked has no bearing on confimration. These are two different issues.
If a person is not eligible for Maternity leave as per law applicable, it means the managemnt need not sanction her leave with pay. That does not mean the person can be sent out.
Similarly, eligibilty can not infulence our thinking on confirmation. It is the number of months of actual work that shold infulence confirmation.
T Sivasankaran
From India, Chennai
Providing benfits like full salary is different from confirmation. Let us presume an employee falls sick for two months within few days of joining duties, and if he/or she had to proceed on leave for a period of three months. In such a situation, normally we recommend exiension of probation by the duration he or she has proceeded on leave. When we specify that a person sjhall be on probation for a period of 12 months, we presume that we can observe the person's work for 12 months. For any reason including maternity, if a person had to proceed on long leave during probation, it is perfectly alright for a Managemnt to demad the equzl period of work she has proceeded on leave for observation.
Eligibility for payment based on the number of days worked has no bearing on confimration. These are two different issues.
If a person is not eligible for Maternity leave as per law applicable, it means the managemnt need not sanction her leave with pay. That does not mean the person can be sent out.
Similarly, eligibilty can not infulence our thinking on confirmation. It is the number of months of actual work that shold infulence confirmation.
T Sivasankaran
From India, Chennai
Thanks for all the advice. Actually just want a fair assessment (for employee and the company) before her confirmation. My doubt is whether can I start monitor/assess her performance (maybe for another 3 months) after she come back from maternity leave. I just want to make sure she can perform up to company requirement before any confirmation (because now we only let her do some clerical works instead of going out to the field).
Regards,
Wee
From Malaysia, Bandar Penggaram
Regards,
Wee
From Malaysia, Bandar Penggaram
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