1) The scenario
One of our female employees is currently taking her last 4 weeks of her maternity leave on a flexible basis. The arrangement is that she will work half-day mornings, every day. We are on a 5-day work week.
In the course of the first 2 weeks since she returned to work and is on the flexible maternity leave, she has been:
- switching her half day from morning to afternoon;
- changing 2 half days for one full day as she needed a full day for her elder child’s medical appointment or her own medical appointment.
- taking urgent leave- taking medical leave. This has been very disruptive to work and completion of tasks.
The last four weeks of maternity leave can be taken flexibly over a 12-month period from the child’s birth, upon mutual agreement of both employer and employee. Employer and employee can work out any flexible arrangement that best suits the needs of both parties. Employer and employee should also anticipate and agree on an approach to deal with possible situations that may arise from taking the leave flexibly. For example, how employee's work performance will be assessed when she is on flexible leave, whether she can go back to taking the maternity as a continuous block subsequently, and whether she can bring forward her flexible leave if she resigns or her contract ends within 12 months from the childbirth.
Aside, please note that urgent leave is subject to company’s approval. Employer is only obliged to provide minimum 14 days of medical leave* to employee.
2) Our Question
- During this flexible maternity leave, is she entitled to sick leave, public holiday, childcare leave, annual leave, compassionate leave and others?
- Can the company ask her to complete her maternity leave on the full-day basis instead of the current flexible half day arrangement? That is, can we change the arrangement back to continuous maternity leave for the balance days/weeks, so that she clear her maternity leave without disrupting work?
Employee will not be entitled to paid medical leave* while on the maternity leave, similar to the treatment of medical leave during all other pre-approved leave (following company’s leave policy).
Employer can communicate and discuss with the employee to mutually agree on the flexible maternity leave arrangement again, sharing with the latter the concern over work disruption.
