KUALA LUMPUR, Nov 22 — Employers are not allowed to terminate their employees on maternity or sick leave during pregnancy, the Dewan Rakyat was told today.
Deputy Human Resources Minister Datuk Mustapha Sakmud said the matter was stated in the Employment Act 1955, and any employer who did not comply with the regulations could be subject to action.
“According to Section 41A(1) of the Employment Act 1955, employers are 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 response to a supplementary question from Jerlun MP Abd Ghani Ahmad, on action against employers who terminate employees on maternity leave.
Meanwhile, Mustapha revealed that 44 complaints of employers denying pregnant employees their full 98-day maternity leave entitlement have been received as of October 31.
Of the total reports received, 28 had a basis in fact, while 16 were unfounded.
“For the well-founded complaints, the employers involved have been given a warning and corrective action has been taken.
“All cases were resolved with the employers granting the 98-day maternity leave entitlement to employees involved,” he said.
Mustapha was responding to the original question from Ipoh Barat MP M. Kulasegaran on the measures taken by the government to ensure all employers comply with the 98-day maternity leave policy, which came into force on January 1 this year.
— Bernama
