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Employers May Never Force So-Called “Leave Without Pay” on Employees on Maternity Leave and Shall Pay Normal Wages

  • Last updated:2021-10-18

In response to the question of payment for employees on maternity leave during the period in which work hours and wages are reduced (the so-called leave without pay) according to labor-management negotiations due to economic recessions, CLA points out that, in line with the Labor Standards Act, maternity leave should be eight weeks in which the employer shall continue to pay wages. In other words, an employee on maternity leave shall receive full wages. The so-called “leave without pay” means temporary work suspension agreed upon between the employer and the employed as a result of economic recessions. Since the employer is required by law to suspend work for an employee who has a newborn baby, even though the said employee has agreed to be on leave without pay, the employer therefore is still required to pay the said employee full wages. 

 

CLA reminds all employers that “pregnancy discrimination” is no different from “gender discrimination” which is forbidden by law. Employers forcing pay reduction on employees who are pregnant or on maternity leave shall be punishable by law. 

  • Source:Department of Standards and Equal Employment
  • Publication Date:2009-07-21
  • Count Views:2840
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