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Question - Commencement Date of Maternity Leave

 

Dear HR practitioners,

We understand from MOM’s website that by default, maternity leave starts 4 weeks before estimated delivery date unless mutually agreed between employee and employer. An employee verbally informs that she intends to start her maternity leave on the delivery date. Employer did not express disagreement to the request. Two weeks before estimated delivery date, the employee had severe contraction and went to her gynaecologist, who advised her that she can be due for delivery anytime and ask her to go home and rest. Instead of starting her maternity leave, the employee was given medical leave to rest at home till delivery date. Is such practice allowed? Can the employer request the employee to start her maternity leave since gynaecologist has already said that she can be due anytime?

Thank you for your advice.

Cindy

 

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- 3 November 2016    

The handbook can help ensure that all HR policies and practices conform to legal requirements. Employers can use the policies in the employee handbook to protect themselves against possible lawsuits pertaining to harassment, wrongful termination, discrimination claims etc.

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