Employment Act · 2026 Revised Edition · Part · Employment of Women
97. Payment of benefit on death of female employee before confinement
Official textFrom Attorney General's Chambers, unchanged
If a female employee, after giving notice to her employer under section 94(1), abstains from work in expectation of her confinement and dies from any cause before her confinement, the employer shall pay —
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
to the person nominated by her under section 94(4); or
if there is no such person, to her personal representative, a sum of money at the rate set out in section 91 from the date immediately following the last day on which she worked to the day immediately preceding the day of her death and, except in the circumstances mentioned in this subsection, no employer is liable to pay any sum in respect of a period exceeding 30 days.
Employment 68
If a female employee dies from any cause on or after the day of her confinement and before any payment to which she is entitled has been paid to her, the employer shall pay —
to the person nominated by her under section 94(4); or
if there is no such person, to her personal representative, a sum of money to which she was on the date of her death entitled in respect of the period up to the day of her confinement and in respect of the period after her confinement up to the day immediately preceding the day of her death.
Terms defined in s 2
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
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