The Facebook user lamented that he was only given two days of leave and was then asked to return to work.
Losing someone dear to us is an experience that shatters our very foundation, leaving an indelible mark on our hearts and souls.
It is a painful journey that no one can prepare us for, as we navigate the treacherous terrain of grief and try to make sense of a world forever altered by absence.
Such is the tragic tale experienced by a husband from Sabah, after being tested with the loss of his beloved wife who had just given birth to their first child four days prior.
It all began when Exly Jailon claimed he only received 2 days of leave when he applied for paternity leave.
In a sorrow filled Facebook post, he shared that when he had applied for paternity leave, his employer’s reply was, “Just two days off, it would be better if you come to work,” asking him to attend work as usual.
Due to the demands at work, he added that he had no time to take care of his newly born baby and his recovering wife.
Unfortunately, on May 9 his world came crashing down when he came home to the lifeless body of his dearly beloved wife.
Through his Facebook page, he expressed his sadness and disappointment with the incident, sharing several posts describing the situation he had experienced.
I worked hard… and when I returned home from work I found my late wife lifeless! The baby was crying beside her. Do you understand how I feel?Exly Jailon via Facebook
Although 22 days have passed, Exly added that the pain he feels is still as fresh as if it happened just yesterday.
To add on to his grief, he wrote that he was also not paid his salary during the mourning period.
I would rather take unpaid leave to take care of my late wife. Even mourning leave requires non-pay leave. They simply crossed it out.Exly Jailon via Facebook
As reported by mStar, a friend of Exly, Harayanie Haraa added that the company Exly worked at requested that he not blame them for any of the incidents that had occurred.
Providing further details about Exly’s situation, Harayanie said that what happened to her friend is deeply saddening.
She also requested a reevaluation of the Workers’ Human Rights Law in Sabah.
She also questioned the fairness of Sabah’s paternity leave, which is only two days compared to the seven days in Peninsular Malaysia.
The company where this person works has requested that he not blame them if any unwanted incidents occur, even though they were asked to take leave to care for his late wife, the company told him to come to work.Harayanie Haraa
She added that Exly works as a delivery driver for the branch.
She also mentioned that no action has been taken by any party regarding the incident that occurred on May 9 until now.
The Sabah Labour Ordinance: What Is It?
The Sabah Labour Ordinance (SLO) is a legislation that governs labor-related matters in the state of Sabah, Malaysia.
It provides a legal framework for the rights and responsibilities of both employers and employees, ensuring fair treatment and proper working conditions in various industries.
The ordinance covers a wide range of employment aspects, including recruitment, wages, working hours, leave entitlements, termination, and workplace safety.
It sets forth provisions that regulate the relationship between employers and employees, aiming to protect the rights and welfare of workers while promoting harmonious industrial relations.
It also establishes rules and procedures for the resolution of labor disputes and outlines the powers and functions of labor inspectors responsible for enforcing the ordinance.
However, the SLO does not specifically address paternity and maternity leaves.
Should The SLO Get A Reform?
According to an article by The Star, the Society for Equality, Respect And Trust for All Sabah (Serata) had called for a reform of the SLO.
During a stakeholder roundtable discussing employment rights in Sabah on March 7, Serata president Sabrina Melisa Aripen highlighted the long-standing nature of the law, stating that it predates the formation of Malaysia.
Speaking at a forum titled “Promoting CSO-Partnerships to assist with labor issues in Sabah,” she emphasized that the Ordinance has remained unchanged for a minimum of 18 years.
During the roundtable discussion, Sabrina pointed out that employees working in Peninsular Malaysia and the Federal Territories are protected by the Malaysian Employment Act, which grants them various benefits.
These include seven days of paternity leave and 98 days of maternity leave.
She further highlighted that they enjoy an additional level of safeguarding on specific issues, such as mandatory employer investigations into allegations of workplace sexual harassment.
However, this is non-existent in the Sabah Labour Ordinance, and from what we understand, the Sarawak Labour Ordinance as well. Our biggest concern is how many employees in Sabah don’t actually know their rights as employees, and thus may be easily exploited by unscrupulous employers. We also feel that reforms are urgently needed so that Sabahans have access to benefits and protections equal to those working in West Malaysia.Serata president Sabrina Melisa Aripen