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Appendix VII

MALAYSIA

Employment Ordinance, 1955

Section 37

(1)(a) Every female employee shall be entitled to maternity leave for a period not exceeding sixty consecutive days (also referred to in this Fart as the eligible period) in respect of each confinement and she shall be entitled to receive from her employer a maternity allowance to be calculated or prescribed as provided in Sub-section (2) in respect of the eligible period.

(b)

Subject to the provisions of section 40, maternity leave may commence from any day within a period of thirty days immediately preceding the confinement of. a female employee or from the day immediately following her confinement.

(c)

Notwithstanding the provisions of paragraph (a), a female employee shall not be entitled to any maternity allowance if at the time of her confinement she has three or more surviving children.

(a)

For the purposes of this Part, "children" means all natural children, irrespective of age.

(2). Every female employee who at any time during the four months immediately preceding her confinement was employed by an employer by whom she had been employed for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately preceding her confinement shall be entitled to receive from such employer for each day of the eligible period a maternity allowance at her ordinary rate of pay for one day, or at the rate prescribed by the Minister of Labour pursuant to sub-section (2)(c) of section 102, whichever is the greater; Provided that where a female employee claims the maternity allowance under this section from more than one employer, she shall not be entitled to receive an amount exceeding in the aggregate the amount which she would be entitled to receive if the claim was made against one employer only.

Section 40

(1)

A female employee who is about to leave her employment and who knows or has reason to believe that will be confined within four months from the date upon which she leaves shall before leaving her employment notify her employer of her pregnancy and if she fails to do so, she shall not be entitled to receive any maternity allowance from such employer.

(2)

A female employee shall within a period of sixty days immediately preceding her expected confinement notify her employer of it and the date from which she intends to commence her maternity leave and if she commences such without so notifying her employer, the payment of maternity allowance to her may be suspended, notwith- standing the provisions of section 38, until such notice is given to her employer.

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