Can We Extend a New Employee's Probation Due to Pregnancy and Maternity Leave?

Dear all, I'm working in a hygiene company in Malaysia. We just employed a female staff member, and her duty is to conduct quality control at clients' places. After 17 days of work, she was confirmed to be pregnant by the panel clinic. Considering her situation, we have to allow her to reduce her fieldwork. In this case, can we extend her probation period (initially set at 6 months) until she returns from maternity leave? Please advise, and thank you.

With Regards,
Wee

Please review your labor laws. What is the minimum stipulated time period a female employee must work in the current employment to be eligible for the benefits under the Maternity Benefit Act?

Regarding Extending Probation

I would not advise extending probation as it is unethical, arbitrary, unfair, and could be seen as discrimination against pregnant female employees. Additionally, a pregnant woman has legal rights to request less hazardous and less stressful work.

I am 101% certain that there must be a provision of a minimum number of working days that an employee must complete to qualify for maternity benefits. Furthermore, it depends on your HR policy, vision, and management thought process. Remember, the law only sets minimum guidelines but does not prevent you from providing more to your employees.

Best wishes,
Rajesh Satyal
[Phone Number Removed For Privacy Reasons]

Extending Probation During Maternity Leave

Legally, morally, and ethically, I do not see any reason why management cannot extend the probation period of an employee proceeding on maternity leave.

Providing benefits like full salary is different from confirmation. Let us presume an employee falls sick for two months within a few days of joining duties and has to proceed on leave for a period of three months. In such a situation, we normally recommend an extension of probation by the duration the employee has proceeded on leave. When we specify that a person shall be on probation for a period of 12 months, we presume that we can observe the person's work for 12 months. For any reason, including maternity, if a person has to proceed on long leave during probation, it is perfectly alright for management to demand an equal period of work for observation.

Eligibility for payment based on the number of days worked has no bearing on confirmation. These are two different issues.

If a person is not eligible for maternity leave as per the applicable law, it means the management need not sanction her leave with pay. That does not mean the person can be sent out.

Similarly, eligibility cannot influence our thinking on confirmation. It is the number of months of actual work that should influence confirmation.

Regards,
T. Sivasankaran

Thank you for all the advice. I actually just want a fair assessment (for the employee and the company) before her confirmation. My doubt is whether I can start to monitor/assess her performance (maybe for another 3 months) after she comes back from maternity leave. I just want to make sure she can perform up to the company's requirements before any confirmation (because currently, we only have her doing some clerical work instead of going out into the field).

Regards,
Wee