Section 91
Length of benefit period
(1)
Subject to this section, every female employee shall be entitled to absent herself from work —
(a)
during —
(i)
the period of 4 weeks immediately before her confinement; and
(ii)
the period of 5 weeks immediately after her confinement;
(b)
during a period of 9 weeks, as agreed to by her and her employer, commencing —
(i)
not earlier than 28 days immediately preceding the day of her confinement; and
(ii)
not later than the day of her confinement:
Provided that in the case of a citizen of Brunei Darussalam or permanent resident, every such female employee shall be entitled to absent herself from work during —
(a)
the period of 2 weeks immediately before her confinement; and
(b)
the period of 13 weeks immediately after her confinement:
Provided further that in the case of a citizen of Brunei Darussalam or permanent resident, and who suffers from incomplete pregnancy at 24 weeks or above, every such female employee shall be entitled to absent herself from work during —
(a)
the period of 2 weeks immediately before her confinement; and
(b)
the period of 6 weeks immediately after her confinement.
(2)
Subject to this section, every female employee shall be entitled to receive payment from her employer at her gross rate of pay for any of the following periods —
Employment
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(a)
where subsection (1)(a) applies, the period of 4 weeks referred to in subsection (1)(a)(i) and the first 4 weeks of the period referred to in subsection (1)(a)(ii);
(b)
where subsection (1)(b) applies, the first 8 weeks of the period referred to in subsection (1)(b):
Provided that in the case of a citizen of Brunei Darussalam or permanent resident, every such female employee shall be entitled to receive payment from her employer at her gross rate of pay for the period of 2 weeks referred to in paragraph (a) of the proviso in subsection (1) and the first 11 weeks of the period referred to in paragraph (b) of the proviso in subsection (1):
Provided further that in the case of a citizen of Brunei Darussalam or permanent resident, who suffers from incomplete pregnancy at 24 weeks or above, every such female employee shall be entitled to receive payment from her employer at her gross rate of pay for the period of 8 weeks.
(3)
A female employee who has served an employer for less than 180 days immediately preceding the day of her confinement shall not be entitled to any pay during the benefit period.
(4)
Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period.
(5)
In this section, “citizen of Brunei Darussalam or permanent resident” means a citizen of Brunei Darussalam or a permanent resident who —
(a)
is an employee in respect of whom contributions are payable by her employer on behalf of the employee under and in accordance with the provisions of the Employee Trust Act
(Chapter 167); and
(b)
is lawfully married or validly married under any written law.
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(6)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order in writing exempt any employee or class of employee from the provision of subsection (5).