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TUESDAY, SEPTEMBER 14, 1993
THE MATERNITY LEAVE PAY IS CALCULATED AT THE RATE OF TWO THIRDS OF HER MONTHLY SALARY.
IF A FEMALE WORKER IS EMPLOYED ON PIECE RATE OR WHERE HER DAILY WAGES VARY FROM DAY TO DAY, THE RATE IS TWO THIRDS OF HER DAILY AVERAGE WAGE DURING EVERY COMPLETE WAGE PERIOD, COMPRISING NOT LESS THAN 28 DAYS AND NOT MORE THAN 31 DAYS, PRECEDING THE LEAVE.
MR HO REMINDED EMPLOYERS THAT THEY WERE NOT ALLOWED TO PAY WAGES IN LIEU OF MATERNITY LEAVE.
**IT IS ALSO AN OFFENCE IF THE EMPLOYER TERMINATES THE FEMALE WORKER'S CONTRACT DURING THE PERIOD FROM THE DATE SHE GIVES NOTICE OF HER INTENTION TO TAKE MATERNITY LEAVE UNTIL THE DATE ON WHICH SHE DUE TO RETURN TO WORK," HE SAID.
IS
IN OTHER WORDS, AN EMPLOYEE IS PROTECTED FROM DISMISSAL ONCE THE NOTICE IS GIVEN TO HER EMPLOYER AND THE PROTECTION IS NOT DEPENDENT ON THE IMMEDIATE PROVISION OF A MEDICAL CERTIFICATE.
"THIS IS BECAUSE UNDER THE EO, THERE IS NO REQUIREMENT THAT AT THE TIME THE NOTICE IS LODGED WITH THE EMPLOYER, IT HAS TO BE ACCOMPANIED BY A MEDICAL CERTIFICATE.
"
NOR DOES THE LAW SET A TIME LIMIT FOR THE EMPLOYEE TO PRODUCE CERTIFICATE CERTIFYING THE PREGNANCY AND SPECIFYING THE EXPECTED DATE OF CONFINEMENT, HE ADDED.
THE
EMPLOYERS BREACHING THE PROVISIONS WOULD BE LIABLE TO A MAXIMUM FINE OF $10,000.
THE EMPLOYER
WILL ALSO HAVE TO PAY THE SUM WHICH WOULD HAVE BEEN PAYABLE IF THE CONTRACT HAS BEEN TERMINATED IN ACCORDANCE WITH ITS TERMS, THE MATERNITY LEAVE PAY FOR 10 WEEKS AND A FURTHER SUM EQUIVALENT TO SEVEN DAYS' WAGES.
"TO AVOID UNNECESSARY MISUNDERSTANDINGS AND DISPUTES, EMPLOYEES INTENDING TO TAKE MATERNITY LEAVE SHOULD CONSIDER USING THE STANDARD FORM OF NOTICE AS FAR AS PRACTICABLE, HE ADDED.
MR HO ALSO APPEALED TO PREGNANT EMPLOYEES TO MAKE DECLARATION, USING THE ATTACHED FORM IN THE LEAFLET, AT THE 11 LABOUR RELATIONS SERVICE OFFICES AS SOON AS POSSIBLE BECAUSE THEY MUST PRODUCE TO THEIR EMPLOYERS A STATUTORY DECLARATION VERIFYING THE NUMBER OF CHILDREN AT THE TIME WHEN THE NOTICE OF INTENTION TO TAKE LEAVE IS SERVED.
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