Section 130H

fails to grant maternity leave to a female employee employed by him and entitled thereto under Chapter XIB;

fails to pay the maternity allowance to a female employee employed by him and entitled thereto under Chapter

XIB or to her nominee, or to her personal legal representative;

fails to pay maternity allowance in the manner prescribed in section 86;

dismisses a female employee from her employment during the period in which she is entitled to maternity leave; or

contravenes the provisions of section 92A or 95A, commits an offence and shall on conviction be liable, to a fine not exceeding ten thousand ringgit and shall also—

(aa) in the event of a conviction for an offence under paragraph (a), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she may be entitled under Chapter XIA in respect of every day on which the female employee had worked

For Reference Only

Sarawak Lawnet 100

during the eligible period referred to in paragraph (b) of subsection (1) of section 84, the payment so ordered being in addition to the wages payable to her, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court; and

(ab) in the event of a conviction for an offence under paragraph (b), be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she is entitled, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.