Navigating the professional world while expecting a child can be challenging, especially for women in their probationary period at a new job. In Singapore, the concern over job security during pregnancy is a common one. This blog post aims to shed light on the rights and protections afforded to pregnant employees, even if they find themselves in the midst of their probationary period.
Maternity Protection during Probation
The key question that often arises is whether a woman on probation is entitled to maternity protection. The answer is a resounding yes. Singapore’s labour laws are designed to safeguard the rights of pregnant employees, irrespective of their employment status. According to the Ministry of Manpower, maternity protection applies as long as the employee has served the employer for a continuous period of at least 3 months.
Probationary status does not negate the right to maternity protection. The initial 3-month period is deemed a reasonable duration for employers to assess the suitability of a female employee for the job. This provision ensures that women do not face discrimination or the risk of dismissal solely due to their pregnancy during the probationary period.
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Maternity Leave Protections and Obligations
Once an employee has crossed the 3-month threshold, certain protections come into play. Maternity leave safeguards against unwarranted dismissal or retrenchment during pregnancy. Both employees and employers have specific obligations during this crucial period.
Employee’s Maternity Protection
Suppose an employer terminates the employment of a pregnant woman without sufficient cause or decides to retrench her during pregnancy. In that case, they are obligated to pay the maternity benefits she would have been entitled to. To qualify for this protection, the employee must have worked for the employer for at least 3 months before receiving the notice of dismissal or retrenchment and should be certified as pregnant by a medical practitioner.
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Employee’s Obligations
On the employee’s part, there are certain obligations to fulfil during maternity leave. Working for another employer during this period is strictly prohibited. Violating this rule could result in the forfeiture of maternity benefits and even lead to dismissal.
Employer’s Obligations
Employers also have responsibilities towards employees on maternity leave. They are required to continue paying the employee’s salary throughout the maternity leave as if she had been working without a break. Additionally, employers cannot request an employee to work during the first four weeks of her confinement.
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Pregnancy is a transformative and vulnerable period in a woman’s life, and employment during this time should not compound the challenges. Understanding the legal framework in Singapore ensures that pregnant employees, even during their probationary period, are protected from discrimination and unfair treatment. Employers, too, play a crucial role in upholding these rights and contributing to a workplace culture that values and supports the well-being of all employees, regardless of their pregnancy status.
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