Do employers have the right to deny the medical expenses incurred during confinement related to maternity, including abortion or miscarriage?
Since the Employment Act 1955 is silent on this point, it will all depend on the practice in each company. The best guideline to refer will be the terms and conditions of appointment, the employee handbook or any policy issued by the company.
It is quite safe to say that most companies do not cover such medical expenses incurred during confinement, miscarriages and abortions. Even insurance policies purchased by companies do not normally cover them. At most, companies will only recognise the medical certificates that are issued. Also, for those few companies that do allow such claims, only the claims for treatment from the government hospitals are normally accepted.
But to some human resource practitioners, sometimes the voice of reason creeps in. A normal successful labour is stressful by itself and the woman who has undergone a miscarriage or abortion is similarly traumatised, both mentally and physically. It is indeed the odd employer that will not empathize with the person. There are some human resource practitioners who will recommend that companies should treat such medical expenses on a case-by-case basis.
After all, they reason, do miscarriages happen so often? If it is not about medical expenses, what reasons could the company have for not assisting an employee that’s affected psychologically? It is a serious moral issue to consider.
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