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Section 41

Payment of allowance to nominee

of Employment Act 1955

ActIn forceProvision 38 of 97
Section 41

A female employee may nominate some other person to whom the maternity allowance may be paid on her behalf and any payment of the maternity allowance made to the person so nominated shall, for the purposes of this Act, be deemed to be a payment to the female employee herself.

Restriction on termination of pregnant female employee 41a.  (1)  Where a female employee is pregnant or is suffering from an illness arising out of her pregnancy, it shall be an offence for her employer to terminate her services or give her notice of termination of service, except on the grounds of—

(a)

wilful breach of a condition of the contract of service under subsection 13(2);

(b)

misconduct under subsection 14(1); or

(c)

closure of the employer’s business.

(2)

Where the service of a female employee under subsection (1)

is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.