PART 3 [19/2021] | Length of maternity benefit period, etc., for female employee or self-employed woman |
9.—(1) Subject to subsections (2) and (3), sections 9A and 12E and any regulations made under section 20, every female employee who satisfies the requirements of section 9A(1) is entitled to absent herself from work —| (a) | during —| (i) | the period of 4 weeks immediately before her confinement; and | | (ii) | the period of 12 weeks immediately after her confinement; |
| | (b) | during a period of 16 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; or |
| | (c) | during —| (i) | a period of 8 weeks, as agreed to by her and her employer, commencing —| (A) | not earlier than 28 days immediately preceding the day of her confinement; and | | (B) | not later than the day of her confinement; and |
| | (ii) | one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement, |
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| and for that period of her absence from work, she is entitled to receive payment from her employer at her gross rate of pay. |
[42/2004; 9/2007; 28/2008; 12/2013; 26/2013; 33/2016] (1A) Subject to subsection (3A), sections 9A and 12E and any regulations made under section 20, every female employee who —| (a) | delivers a child who is not a citizen of Singapore at the time of the child’s birth; | | (b) | satisfies the requirements of section 9A(1A); and | | (c) | absents herself from work under section 76(1) of the Employment Act 1968, |
| (i) | where section 76(1)(a) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —| (A) | if the child becomes a citizen of Singapore within the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act (called in this paragraph the specified period) —| (AA) | to receive payment from her employer at her gross rate of pay for the last 4 weeks of the specified period; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); |
| | (B) | if the child becomes a citizen of Singapore after the first 4 weeks of, but within, the specified period —| (BA) | to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and | | (BB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or |
| | (C) | if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); |
| | (ii) | where section 76(1)(a) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —| (A) | if the child becomes a citizen of Singapore within the period referred to in section 76(1)(a)(ii) of that Act (called in this paragraph the specified period) —| (AA) | to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or |
| | (B) | if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); |
| | (iii) | where section 76(1)(b) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —| (A) | if the child becomes a citizen of Singapore within the first 8 weeks of the period referred to in section 76(1)(b) of that Act (called in this paragraph the specified period) —| (AA) | to receive payment from her employer at her gross rate of pay for the last 4 weeks of the specified period; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); |
| | (B) | if the child becomes a citizen of Singapore after the first 8 weeks of, but within, the specified period —| (BA) | to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and | | (BB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or |
| | (C) | if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); |
| | (iv) | where section 76(1)(b) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —| (A) | if the child becomes a citizen of Singapore within the period referred to in section 76(1)(b) of that Act (called in this paragraph the specified period) —| (AA) | to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or |
| | (B) | if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); |
| | (iva) | where section 76(1)(a) or (b) of the Employment Act 1968 applies, and the child becomes a citizen of Singapore after the period of 16 weeks, which commences on the first day on which she exercised her entitlement under section 76(1)(a) or (b) (as the case may be) of that Act, but within the period of 12 months commencing on the day of her confinement —| (A) | to absent herself from work for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); and | | (B) | to receive payment from her employer at her gross rate of pay for the further period of 4 weeks or the agreed flexible period under sub‑paragraph (A); |
| | (v) | where section 76(1)(c) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —| (A) | if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act (called in this paragraph the eight‑week period) —| (AA) | to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or |
| | (B) | if the child becomes a citizen of Singapore after the eight‑week period —| (BA) | to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and | | (BB) | to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement; or |
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| | (vi) | where section 76(1)(c) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —| (A) | if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act (called in this paragraph the eight‑week period) —| (AA) | to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the eight‑week period, and for every period referred to in section 76(1)(c)(ii) of that Act; and | | (AB) | to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or |
| | (B) | if the child becomes a citizen of Singapore after the eight‑week period —| (BA) | to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and | | (BB) | to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement. [28/2008; 12/2013; 26/2013; 33/2016; 19/2021] |
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(1AA) For the purposes of subsection (1A), the agreed flexible period consists of one or more periods where —| (a) | each period is of a duration agreed between a female employee and her employer; | | (b) | the total duration of the period (if only one), or all the periods, is equal to 4 times the employee’s weekly index, or 24 days, whichever is the lower; and | | (c) | the period (if only one), or all the periods, must commence on or after the day the child becomes a citizen of Singapore and must end on or before the last day of the period of 12 months commencing on the day of her confinement relating to that child. [19/2021] |
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(1B) Subject to subsection (3), sections 9A and 12E and any regulations made under section 20, every female employee who —| (a) | delivers a child who is not a citizen of Singapore at the time of the child’s birth; | | (b) | satisfies the requirements of section 9A(1A); and | | (c) | is not entitled to absent herself from work under section 76(1) of the Employment Act 1968, |
| is entitled to absent herself from work during, and to receive payment from her employer at her gross rate of pay for — |
| (i) | the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 16 weeks commencing on the day of her confinement; | | (ii) | if the child becomes a citizen of Singapore within the period of 8 weeks commencing on the day of her confinement —| (A) | the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 8 weeks commencing on the day of her confinement; and | | (B) | one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or |
| | (iii) | if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, one or more than one period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement. [28/2008; 12/2013; 26/2013; 33/2016] |
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(2) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she is entitled —| (a) | 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 | | (b) | to absent herself from work on another day at the end of the benefit period. [42/2004] |
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(2A) Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement under subsection (1), (1A) or (1B) to absent herself from work, she forfeits the following upon the termination of her employment:| (a) | the entitlement (or the balance of that entitlement) under subsection (1), (1A) or (1B) (as the case may be) to absent herself from work; | | (b) | the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (a). [19/2021] |
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(3) Without affecting section 84 or 84A of the Employment Act 1968, where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation), before she has exercised, wholly or partly, her entitlement to absent herself from work during —| (a) | a period mentioned in subsection (1)(c)(ii), (1A)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB) or (1B)(ii)(B) or (iii); or | | (b) | the agreed flexible period applicable to her under subsection (1A), |
| she forfeits the following upon the termination of her employment: |
| (c) | the entitlement (or the balance of that entitlement) to absent herself from work during any of the applicable periods mentioned in paragraph (a) or (b); | | (d) | the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (c). [19/2021] |
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| (3A) To avoid doubt, where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in section 76(1)(c)(ii) of the Employment Act 1968, she forfeits her entitlement (or the balance of that entitlement) to receive payment from her employer at her gross rate of pay for that period under subsection (1A)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA) upon the termination of her employment. [9/2007; 28/2008; 33/2016; 19/2021] |
(4) Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —| (a) | satisfies the requirements of section 9A(1); | | (b) | ceases to be actively engaged in her trade, business, profession or vocation —| (i) | during —| (A) | the period of 4 weeks immediately before her confinement; and | | (B) | the period of 12 weeks immediately after her confinement; |
| | (ii) | during a period of 16 weeks commencing —| (A) | not earlier than 28 days immediately preceding the day of her confinement; and | | (B) | not later than the day of her confinement; or |
| | (iii) | during —| (A) | a period of 8 weeks commencing —| (AA) | not earlier than 28 days immediately preceding the day of her confinement; and | | (AB) | not later than the day of her confinement; and |
| | (B) | one or more than one later period —| (BA) | all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and | | (BB) | all of which are within the period of 12 months commencing on the day of her confinement; and |
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| | (c) | has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation, |
| is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5). |
[33/2016] |
(4A) Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —| (a) | delivers a child who is not a citizen of Singapore at the time of the child’s birth; | | (b) | satisfies the requirements of section 9A(1A); | | (c) | ceases to be actively engaged in her trade, business, profession or vocation —| (i) | during the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 16 weeks commencing on the day of her confinement; | | (ii) | if the child becomes a citizen of Singapore within the period of 8 weeks commencing on the day of her confinement, during —| (A) | the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 8 weeks commencing on the day of her confinement; and | | (B) | one or more than one later period —| (BA) | all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and | | (BB) | all of which are within the period of 12 months commencing on the day of her confinement; or |
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| | (iii) | if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, during one or more than one period, all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower), and all of which commence on or after the day the child becomes a citizen of Singapore and are within the period of 12 months commencing on the day of her confinement; and |
| | (d) | has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation, |
| is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5). |
[33/2016] |
(5) A self-employed woman is entitled to receive payment from the Government —| (a) | if her confinement mentioned in subsection (4) or (4A) is her first or second specified event —| (i) | under subsection (4), for the period of her cessation of active engagement in her trade, business, profession or vocation which is after the first 8 weeks of the cessation; or | | (ii) | under subsection (4A), for a period of her cessation of active engagement in her trade, business, profession or vocation which —| (A) | does not exceed 8 weeks; and | | (B) | is after a period of 8 weeks commencing not earlier than 28 days immediately preceding the date of that confinement, during which she ceases to be actively engaged in her trade, business, profession or vocation; and |
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| | (b) | if her confinement mentioned in subsection (4) or (4A) is her third or subsequent specified event, under subsection (4) or (4A), for the whole period of her cessation of active engagement in her trade, business, profession or vocation. [9/2007; 28/2008; 33/2016] |
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(5A) Unless disqualified by subsection (6), and subject to section 9A and any regulations made under section 20, every woman who is or was a female employee or a self‑employed woman, who delivers a child and satisfies the requirements under section 9A(2), is entitled to claim from the Government —| (a) | an amount equivalent to 56 days of her total income during such period before delivery as may be prescribed, where her confinement during which the child is delivered is her first or second specified event; or | | (b) | an amount equivalent to 112 days of her total income during such period before delivery as may be prescribed, where her confinement during which the child is delivered is her third or subsequent specified event. [12/2013; 33/2016] |
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(6) Except as provided in subsections (6A) and (6B), a woman who is or was a female employee or a self‑employed woman is not entitled to claim any payment from the Government under subsection (5A) if —| (a) | she is also a female employee who is entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), in respect of the same confinement, regardless of whether she has forfeited the whole or part of her entitlement to absent herself from work or to receive payment from her employer under subsection (2A), (3) or (3A), as the case may be; | | (b) | she is also a self-employed woman who is entitled to claim from the Government her lost income under subsection (4) or (4A), in respect of the same confinement; or | | (c) | she is also a female employee who, before her child became a citizen of Singapore, is entitled to absent herself from work or to receive payment from any employer under section 76 of the Employment Act 1968, in respect of the same confinement, regardless of whether she has forfeited the whole or part of her entitlement to absent herself from work or to receive payment from the employer under section 76(5A) or (6) of that Act. [33/2016; 19/2021] |
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| (6A) Subsection (6) and section 12M do not disqualify a female employee from claiming payment from the Government under subsection (5A) in respect of any period when she is on leave of absence without pay granted by her employer at her request, if the leave is for a continuous period ending at least 12 months after the date of the delivery mentioned in subsection (5A). [33/2016] |
(6B) Subsections (3), (3A) and (6) do not disqualify a female employee from claiming payment from the Government under subsection (5A) if she would have been entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), or section 76(1)(a), (b) or (c) or (1A) of the Employment Act 1968, had her employment not been terminated by reason of one of the following:| (a) | upon the completion of her contract of service; | | (b) | on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work. [19/2021] |
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(7) In subsection (5A), “total income”, in relation to a period prescribed for the purposes of subsection (5A), means —| (a) | in the case of a female employee who is or was employed by one or more employers in that period, the total gross rate of pay which she is entitled to receive from all her employers in respect of that period; | | (b) | in relation to a woman who is or was self‑employed, the income she derived from her trade, business, profession or vocation during the prescribed period; and | | (c) | in relation to a woman who is or was both a female employee and a self‑employed woman in that period, the aggregate of —| (i) | the total gross rate of pay which she is entitled to receive from all her employers in respect of the period she was employed during the prescribed period; and | | (ii) | the income she derived from her trade, business, profession or vocation, where she was self‑employed, during the prescribed period. [12/2013] |
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(8) Despite subsection (7), “total income” in subsection (5A) excludes the gross rate of pay that a female employee is entitled to receive from her employer in respect of the period she was employed by that employer during the period prescribed for the purposes of subsection (5A), if —| (a) | upon the making of any representations to the Minister charged with the responsibility for manpower under section 35 of the Industrial Relations Act 1960, that Minister is satisfied that the female employee was dismissed with just cause or excuse by that employer before her confinement; | | (b) | an Employment Claims Tribunal has decided, after hearing a claim mentioned in section 14(2) or 84(2) of the Employment Act 1968, that the female employee was dismissed with just cause or excuse, or for sufficient cause, by that employer before her confinement; or | | (c) | any other court of competent jurisdiction in Singapore has decided that the female employee was dismissed with just cause or excuse, or for sufficient cause, by that employer before her confinement. [55/2018; 19/2021] |
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| Eligibility criteria and cap in respect of maternity benefits |
9A.—(1) Subject to this section, a female employee is entitled to absent herself from work and to payment under section 9(1), and a self-employed woman is entitled to payment by the Government under section 9(4), if —| (a) | her confinement in respect of a child occurs, or the estimated delivery date for her confinement is, on or after 1 January 2017, or (in the case of a stillborn child) on or after 1 November 2021; | | (b) | a child delivered during her confinement is a citizen of Singapore at the time of the child’s birth, or (in the case of a stillborn child) would have been a citizen of Singapore at birth; | | (c) | in the case of a female employee, she has served her employer for a period of at least 3 months before the day of her confinement; and | | (d) | in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months before the day of her confinement. [33/2016; 19/2021] |
(1A) Subject to this section, a female employee is entitled to absent herself from work and to payment under section 9(1A) or (1B), and a self-employed woman is entitled to payment by the Government under section 9(4A), if —| (a) | her confinement occurs, or the estimated delivery date for her confinement is, on or after 1 January 2017; | | (b) | a child delivered during her confinement —| (i) | is not a citizen of Singapore at the time of the child’s birth; but | | (ii) | becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth; |
| | (c) | in the case of a female employee, she has served her employer for a period of at least 3 months before the day of her confinement; and | | (d) | in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months before the day of her confinement. [33/2016] |
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(2) Subject to this section, a woman who is or was a female employee or self‑employed woman is entitled to payment by the Government under section 9(5A) if —| (a) | her confinement in respect of a child occurs, or the estimated delivery date for her confinement is, on or after 1 January 2017, or (in the case of a stillborn child) on or after 1 November 2021; | | (b) | a child delivered during her confinement —| (i) | is a citizen of Singapore at the time of the child’s birth, or (in the case of a stillborn child) would have been a citizen of Singapore at birth; or | | (ii) | is not a citizen of Singapore at the time of the child’s birth, but becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth; |
| | (c) | for at least 90 days in the aggregate during the period of 12 months immediately before the day of her confinement, she has been employed by one or more employers, self‑employed or both (whether in Singapore or outside Singapore); and | | (d) | in the case of a woman who has been employed outside Singapore or self‑employed outside Singapore, she —| (i) | is resident in Singapore, and is no longer employed outside Singapore or self‑employed outside Singapore (as the case may be), on the day of her confinement; and | | (ii) | opts to do either or both of the following:| (A) | use any period during the 12 months immediately before the day of her confinement when she was employed outside Singapore, or was self‑employed outside Singapore, to satisfy the requirement in paragraph (c); | | (B) | use her income during any period mentioned in sub‑paragraph (A) to calculate her total income for the purposes of section 9(5A). [33/2016; 19/2021] |
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(2A) For the purposes of reckoning the number of days under subsection (2)(c) in which a woman has been employed or self‑employed —| (a) | the aggregate number of days need not immediately precede the day of her confinement; | | (b) | Saturdays, Sundays and public holidays are included, in the case of a female employee who is or was employed by an employer for a continuous period, or a self‑employed woman who is or was engaged in her trade, business, profession or vocation for a continuous period; | | (c) | in the case of a female employee who is or was a daily‑rated employee, the number of days is the actual number of days in which the female employee had worked; | | (d) | in the case of a self-employed woman who is or was engaged in her trade, business, profession or vocation for a non‑continuous period, the number of days is the actual number of days in which the self‑employed woman was engaged in her trade, business, profession or vocation; and | | (e) | where 2 or more periods of employment overlap, the overlapping periods are counted only once. [12/2013; 33/2016] |
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| (3) Despite anything in the Employment Act 1968, no female employee is entitled to absent herself from work or to any payment under section 76 of that Act in respect of any confinement to which she is entitled to absent herself from work or to payment under section 9(1). |
| (3A) Despite anything in the Employment Act 1968, no female employee is entitled to receive payment under section 76 of that Act in respect of any period of her absence from work under section 76(1) of that Act for which she is entitled to receive payment under section 9(1A). [33/2016] |
(4) The payment that a female employee is entitled to receive from her employer under section 9(1), (1A) or (1B) in respect of her confinement is subject to the following amounts that apply for the following period or periods:| (a) | if her confinement is her first or second specified event —| (i) | an amount that does not exceed $10,000 for every period of absence specified in each of the following sub‑paragraphs:| (A) | where the amount is paid under section 9(1) in respect of her absence from work under section 9(1)(a) or (b) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under section 9(1)(a) or (b) (as the case may be) after the first 8 weeks of such absence; | | (B) | where the amount is paid under section 9(1) in respect of her absence from work under section 9(1)(c)(ii) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under that provision after the first 8 weeks of her absence from work under section 9(1)(c)(i); | | (C) | where the amount is paid under section 9(1A)(i) or (iii) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under that provision or under section 76(1)(a) or (b) of the Employment Act 1968 (as the case may be) after the first 8 weeks of her absence from work under section 76(1)(a) or (b) of that Act; | | (D) | where the amount is paid under section 9(1A)(iva) or (1B)(ii)(B) or (iii) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under any of those provisions; | | (E) | where the amount is paid under section 9(1A)(v)(A)(AA) or (B)(BA) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under section 76(1)(c)(ii) of the Employment Act 1968 after the first 8 weeks of her absence from work under section 76(1)(c)(i) of that Act; | | (F) | where the amount is paid under section 9(1A)(v)(A)(AB) or (B)(BB) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under that provision after the first 8 weeks of her absence from work under section 76(1)(c)(i) of the Employment Act 1968; | | (G) | where the amount is paid under section 9(1B)(i) — every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work under that provision after the first 8 weeks of such absence; and |
| | (ii) | in any case, an amount that does not exceed a total of $20,000 for the period of absence (if only one), or all the periods of absence, under sub‑paragraph (i)(A), (B), (C), (D), (E), (F) or (G), whichever is applicable; |
| | (b) | if her confinement is her third or subsequent specified event and the amount is paid under section 9(1) in respect of any period of absence under section 9(1)(a), (b) or (c)(i) or (ii), or paid under section 9(1A)(ii), (iv), (iva) or (vi) or (1B)(i), (ii)(A) or (B) or (iii) —| (i) | an amount that does not exceed $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her absence from work; and | | (ii) | in any case, an amount that does not exceed a total of $40,000 for the period of absence (if only one) under sub‑paragraph (i), or all the periods of absence under that sub‑paragraph, whichever is applicable. [19/2021] |
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(5) Where a self-employed woman ceases to be actively engaged in her trade, business, profession or vocation during the whole or part of any period mentioned in section 9(4) or (4A) for her confinement, the amount of payment she is entitled to receive from the Government —| (a) | under section 9(5)(a), if her confinement is her first or second specified event, is an amount that does not exceed —| (i) | $10,000 for every period equal in duration to 4 times her weekly index or every 24 days, whichever is the lower, of her cessation of active engagement in her trade, business, profession or vocation —| (A) | under section 9(4)(b)(i) or (ii), which period is after the first 8 weeks of such cessation; | | (B) | under section 9(4)(b)(iii)(B), which period is after the first 8 weeks of such cessation under section 9(4)(b)(iii)(A); | | (C) | under section 9(4A)(c)(i) or (ii)(A), which period is after the period of 8 weeks mentioned in section 9(5)(a)(ii)(B); or | | (D) | under section 9(4A)(c)(ii)(B) or (iii), which period is after the period of 8 weeks mentioned in section 9(5)(a)(ii)(B); and |
| | (ii) | in any case, a total of $20,000 for the period of cessation (if only one), or all the periods of cessation, under sub‑paragraph (i)(A), (B), (C) or (D), whichever is applicable; and |
| | (b) | under section 9(5)(b), if her confinement is her third or subsequent specified event, is an amount that does not exceed —| (i) | $10,000 for every period equal in duration to 4 times her weekly index or every 24 days, whichever is the lower, of her cessation of active engagement in her trade, business, profession or vocation under section 9(4)(b)(i), (ii) or (iii)(A) or (B) or (4A)(c)(i), (ii)(A) or (B) or (iii); and | | (ii) | in any case, a total of $40,000 for the period (if only one) under sub‑paragraph (i), or all the periods under that sub‑paragraph, whichever is applicable. [33/2016; 19/2021] |
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(5A) The payment that a female employee or a self‑employed woman is entitled to receive from the Government under section 9(5A) for her confinement —| (a) | is an amount that does not exceed $10,000 for every 28 days; and | | (b) | is to be reduced, in the case of a female employee, in accordance with any regulations made under section 20, if —| (i) | the female employee’s employer —| (A) | has paid or is required to pay the female employee any amount in respect of her confinement; and | | (B) | is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 10 (whether or not pursuant to an exemption under section 22); |
| | (ii) | where the female employee has made an election under section 12E(5) for the natural father or adoptive father of the child delivered during her confinement to take shared parental leave or claim lost income in respect of the child —| (A) | the father’s employer —| (AA) | has paid or is required to pay the father an amount under section 12E(2) for shared parental leave in respect of the child; and | | (AB) | the employer is entitled, upon such payment, to claim reimbursement from the Government under section 12G(1) (whether or not pursuant to an exemption under section 22); or |
| | (B) | the father is entitled to claim his lost income under section 12E(3) in respect of the child for ceasing to be actively engaged in his trade, business, profession or vocation (whether or not pursuant to an exemption under section 22); or |
| | (iii) | the female employee’s employment is terminated upon completion of her contract of service, and she failed to exercise any part of her entitlement under this Act to be absent from work before the date of completion of her contract. [33/2016; 19/2021] |
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| (5B) To avoid doubt, a woman’s entitlement under section 9 to absent herself from work or to payment applies only once for each confinement, regardless of the number of children born or stillborn during that confinement. [33/2016; 19/2021] |
| (6) The amounts of payment referred to in subsections (4), (5) and (5A)(a) are inclusive of any contribution to the Central Provident Fund which an employer, a female employee or a self‑employed woman is liable to make under the Central Provident Fund Act 1953. [12/2013; 33/2016] |
| (7) Subject to subsections (3) and (3A), section 9 and this section must not be construed as derogating from any other benefits that a female employee is entitled to, during the benefit period, under the terms of her contract of service or under any written law. [28/2008; 12/2013] |
(8) For the purposes of section 9(5A) to (8) and subsections (2), (2A), (5A), (6) and (7), and of any other provisions of this Act, and any regulations made under section 20, that may be prescribed —“female employee” includes any woman who —| (a) | is employed outside Singapore before her confinement; but | | (b) | on the day of her confinement, is resident in Singapore and is no longer employed outside Singapore; |
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“self-employed woman” includes any woman who —| (a) | is self-employed outside Singapore before her confinement; but | | (b) | on the day of her confinement, is resident in Singapore and is no longer self‑employed outside Singapore. [33/2016; 19/2021] |
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| Reimbursement from Government for maternity benefits |
10.—(1) Subject to subsections (2) and (3), section 12E and any regulations made under section 20, where an employer makes any payment to a female employee under section 9(1), (1A) or (1B) for her confinement, the employer is entitled to claim reimbursement from the Government —| (a) | if the employee’s confinement is her first or second specified event, for —| (i) | the amount paid to the employee —| (A) | under section 9(1) for the period of her absence from work under that provision which is after the first 8 weeks of such absence; | | (B) | under section 9(1A) for such period of her absence from work under section 76(1) of the Employment Act 1968, or under section 9(1A), after the first 8 weeks of her absence from work under section 76(1) of that Act as she is entitled to receive payment under section 9(1A); or | | (C) | under section 9(1B) —| (CA) | for the whole period of her absence from work under that provision, if that period does not exceed 8 weeks; or | | (CB) | if that period exceeds 8 weeks, for a period of 8 weeks of her absence from work under that provision; and |
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| | (ii) | any contribution made by the employer under the Central Provident Fund Act 1953 in respect of the amount mentioned in sub‑paragraph (i) which is not recoverable from the employee’s wages; and |
| | (b) | if the employee’s confinement is her third or subsequent specified event, for —| (i) | the amount paid to the employee —| (A) | under section 9(1) or (1B) for the whole period of her absence from work under that provision; or | | (B) | under section 9(1A) for such period of her absence from work under section 76(1) of the Employment Act 1968, or under section 9(1A), as she is entitled to receive payment under section 9(1A); and |
| | (ii) | any contribution made by the employer under the Central Provident Fund Act 1953 in respect of the amount mentioned in sub‑paragraph (i) which is not recoverable from the employee’s wages. [33/2016] |
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(2) The amount of reimbursement an employer is entitled to claim from the Government under subsection (1) in respect of a female employee is an amount that does not exceed —| (a) | where subsection (1)(a) applies —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the employee’s absence from work; and | | (ii) | a total of $20,000; and |
| | (b) | where subsection (1)(b) applies —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the employee’s absence from work; and | | (ii) | a total of $40,000. [42/2004; 28/2008; 19/2021] |
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(2A) Where an employer makes payment to a female employee in relation to whom the requirements of subsection (2B) are satisfied, in respect of her absence from work for her confinement, the Government may reimburse the employer an amount that does not exceed —| (a) | if the employee’s confinement is her first or second specified event — each of the amounts mentioned in subsection (2)(a)(i) and (ii); and | | (b) | if the employee’s confinement is her third or subsequent specified event — each of the amounts mentioned in subsection (2)(b)(i) and (ii). [19/2021] |
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(2B) For the purposes of subsection (2A), the requirements are all of the following:| (a) | the female employee’s confinement occurs, or the estimated delivery date for her confinement is, on or after 1 November 2021; | | (b) | the child delivered during her confinement —| (i) | is a citizen of Singapore at the time of the child’s birth, or is a stillborn child who would have been a citizen of Singapore at birth; or | | (ii) | is not a citizen of Singapore at the time of the child’s birth, but becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth; |
| | (c) | where paragraph (b)(i) applies, the female employee’s absence from work occurs during a period that commences not earlier than 28 days immediately preceding the day of her confinement, and ends on or before the last day of her 12-month post-confinement period; [Act 32 of 2023 wef 01/01/2024] | | (d) | where paragraph (b)(ii) applies, the female employee’s absence from work commences on or after the day the child becomes a citizen of Singapore, and ends on or before the last day of the female employee’s 12-month post-confinement period; [Act 32 of 2023 wef 01/01/2024] | | (e) | the female employee does not satisfy the requirement in section 9A(1)(c) or 9A(1A)(c). [19/2021] |
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| (2C) In subsection (2B), “12-month post-confinement period”, in relation to a female employee, means the period of 12 months commencing on the day of the female employee’s confinement. [Act 32 of 2023 wef 01/01/2024] |
(3) An employer is not entitled to claim reimbursement from the Government for any amount that the employer is directed, on or after 1 January 2017, by any of the following to pay to a female employee, unless the direction has been withdrawn or reversed:| (a) | by the Minister charged with the responsibility for manpower under section 35 of the Industrial Relations Act 1960; | | (b) | by the Commissioner for Labour under section 115 of the Employment Act 1968; | | (c) | by any court. [33/2016; 55/2018] |
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| 10A. [Repealed by Act 33 of 2016] |
| 11. [Repealed by Act 19 of 2021] |
| Application of certain provisions of Employment Act 1968 |
12.—(1) Sections 77 to 84A and 86 of the Employment Act 1968 apply to a payment under section 9 and to any female employee to whom this Part applies and for the purposes of such application, any reference in those sections of that Act to —| (a) | a female employee is a reference to a female employee to whom this Act applies; | | (b) | an employer is a reference to an employer to whom this Act applies; | | (c) | “this Part” is a reference to Part 3 of this Act; | | (d) | “this Act” is a reference to this Act; and | | (e) | section 76 is a reference to section 9 of this Act. [42/2004; 12/2013] |
(2) Parts 13 and 16 and sections 124, 125 and 126 of the Employment Act 1968, and such other provisions of that Act as the Minister charged with the responsibility for manpower may prescribe by order in the Gazette, apply, with any exceptions, adaptations and modifications that may be prescribed in the order, in relation to —| (a) | an employer or employee to whom section 9, 12AA, 12B, 12D, 12E or 12H applies; [Act 32 of 2023 wef 01/01/2024] | | (b) | any dispute under this Part, or under any regulations made under section 20, between any such employer and any such employee; and | | (c) | any offence or proceedings under section 12AA, 12B, 12D, 12E, 12H or 17 (including any act or omission in respect of which a penalty is imposed), |
| as they apply in relation to any employer, employee, dispute, offence or proceedings (as the case may be) under that Act. |
[42/2004; 28/2008; 12/2013; 17/2016; 21/2016; 33/2016; 55/2018] |
| (3) Sections 115 to 123 of the Employment Act 1968 apply, with any exceptions, adaptations and modifications that the Minister charged with the responsibility for manpower may prescribe by order in the Gazette, to a dispute mentioned in subsection (2)(b), if a claim is lodged, before 1 April 2017, under section 119 of that Act in relation to that dispute. [21/2016; 55/2018] |
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| Adoption benefits for eligible adoptive mothers |
| 12A.—(1) This section applies to a woman who satisfies the requirements of section 12AC(2) (called in this section an eligible adoptive mother). [19/2021] (2) Unless disqualified under subsection (5), an eligible adoptive mother is entitled to claim from the Government —| (a) | if the making of her application to adopt a child, or the issue of the dependant’s pass in respect of a child, is her first or second specified event — an amount equivalent to 56 days of her total income during such period before the eligibility date of the application as may be prescribed; or | | (b) | if the making of her application to adopt a child, or the issue of the dependant’s pass in respect of a child, is her third or subsequent specified event — an amount equivalent to 84 days of her total income during such period before the eligibility date of the application as may be prescribed. [19/2021] |
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(3) An eligible adoptive mother’s entitlement under subsection (2) —| (a) | is an amount that does not exceed $10,000 for every 28 days; and | | (b) | is to be reduced in accordance with any regulations made under section 20, if any of the conditions in subsection (4) applies in relation to her. [19/2021] |
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(4) The conditions mentioned in subsection (3)(b) are the following:| (a) | the employer of the eligible adoptive mother —| (i) | has paid or is required to pay her any amount in respect of her adoption of the child; and | | (ii) | is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 12AD (whether or not pursuant to an exemption under section 22); |
| | (b) | where the eligible adoptive mother has made an election under section 12E(5) for the adoptive father of the child to take shared parental leave or claim lost income in respect of the child —| (i) | the father’s employer —| (A) | has paid or is required to pay the father an amount under section 12E(2) for shared parental leave in respect of the child; and | | (B) | is entitled to claim reimbursement from the Government for such payment under section 12G (whether or not pursuant to an exemption under section 22); or |
| | (ii) | the father is entitled to claim his lost income under section 12E(3), in respect of the child, for ceasing to be actively engaged in his trade, business, profession or vocation (whether or not pursuant to an exemption under section 22); |
| | (c) | the employment of the eligible adoptive mother is terminated upon completion of her contract of service, and she failed to exercise any part of her entitlement under this Act to be absent from work before the date of completion of her contract. [19/2021] |
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(5) Except as provided in subsections (6) and (7), an eligible adoptive mother is not entitled to claim any payment from the Government under subsection (2) if —| (a) | she is also a female employee who is entitled to absent herself from work and to receive payment from her employer under section 12AA, in respect of the same adoption, regardless of whether she has ceased to be entitled to any adoption leave and any payment in lieu of that leave under section 12AA(2); or | | (b) | she is also a self‑employed woman who is entitled to claim from the Government her lost income under section 12AB in respect of the same adoption. [19/2021] |
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| (6) Subsection (5) and section 12M do not disqualify an eligible adoptive mother from claiming payment from the Government under subsection (2) in respect of any period when she is on leave of absence without pay granted by her employer at her request, if the leave is for a continuous period ending at least 12 months after the date of birth of the adopted child. [19/2021] |
(7) Subsection (5) and section 12AA(2)(a) do not disqualify an eligible adoptive mother from claiming payment from the Government under subsection (2), if she would have been entitled to absent herself from work and to receive payment from her employer under section 12AA, had her employment not been terminated by reason of one of the following:| (a) | upon the completion of her contract of service; | | (b) | on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work. [19/2021] |
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(8) Section 9(7) and (8) applies to the meaning of the total income of an eligible adoptive mother under subsection (2), with the following modifications:| (a) | every reference in section 9(7) and (8) to a period prescribed for the purposes of section 9(5A) is a reference to a period prescribed for the purposes of subsection (2); | | (b) | every reference in section 9(7) and (8) to a woman’s employment or self‑employment, or both, is a reference to an eligible adoptive mother’s employment or self‑employment, or both. [19/2021] |
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| (9) The amount of payment mentioned in subsection (3)(a) is inclusive of any contribution to the Central Provident Fund which a female employee or a self‑employed woman is liable to make under the Central Provident Fund Act 1953. [19/2021] |
| (10) Nothing in this section affects any other benefits that a female employee is entitled to, in respect of her adoption of a child, under the terms of her contract of service or under any written law. [19/2021] |
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| Adoption leave for female employee |
12AA.—(1) Subject to subsection (2), section 12AC and any regulations made under section 20, every female employee who applies to adopt a child in accordance with any written law relating to the adoption of children, and who satisfies the requirements of section 12AC, is entitled, within a period of 12 months commencing on the date of the child’s birth, to absent herself from work on adoption leave —| (a) | for a period of 12 weeks commencing on the eligibility date of the application to adopt the child; | | (b) | during a period of 12 weeks, as agreed to by her and her employer, commencing —| (i) | not earlier than the eligibility date of the application to adopt the child; and | | (ii) | not later than the date the adoption order is made; or |
| | (c) | during —| (i) | a period of 8 weeks, as agreed to by her and her employer, commencing —| (A) | not earlier than the eligibility date of the application to adopt the child; and | | (B) | not later than the date the adoption order is made; and |
| | (ii) | one or more than one later period, each being of a duration that is agreed between the employee and her employer, and all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower). [33/2016] |
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(2) Where, in any of the following circumstances, a female employee does not take any adoption leave to which she is entitled, she ceases to be entitled to that leave, and is not entitled to any payment in lieu of that leave:| (a) | her employment is terminated (whether by resignation or dismissal, on the completion of her contract of service, or for any other reason); | | (b) | she does not take that leave within the period of 12 months commencing on the date of the child’s birth. [33/2016] |
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| (3) [Deleted by Act 33 of 2016] |
| (4) Subject to subsection (5), an employer must pay a female employee who is entitled to adoption leave her gross rate of pay for every day of such leave that is taken by the female employee. [12/2013] |
(5) The payment that the female employee is entitled to receive from her employer under subsection (4) for adoption leave in respect of a child is an amount that does not exceed —| (a) | if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s first or second specified event —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee after the first 4 weeks of such leave; and | | (ii) | in any case, a total of $20,000 for the period of adoption leave (if only one), or all the periods of adoption leave, under sub‑paragraph (i), whichever is applicable; and |
| | (b) | if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s third or subsequent specified event —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee under subsection (1); and | | (ii) | in any case, a total of $30,000 for the adoption leave taken by the female employee under subsection (1). [33/2016; 19/2021] |
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| (6) The amount of payment referred to in subsection (5) is inclusive of any contribution to the Central Provident Fund which an employer or an employee is liable to make under the Central Provident Fund Act 1953. [12/2013] |
| (7) [Deleted by Act 33 of 2016] |
| (8) Any employer who fails, without reasonable cause, to grant adoption leave to a female employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (9) Any employer who fails to pay a female employee in accordance with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (10) Where an employer has been convicted of an offence under subsection (9), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12AD which have not been paid to a female employee in accordance with this section. [12/2013] |
| (11) Where an employer who is convicted or found guilty of an offence under subsection (8) or (9) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] |
| (12) For the purposes of subsection (11), a person is a repeat offender in relation to an offence under subsection (8) or (9) if the person who is convicted or found guilty of an offence under subsection (8) or (9) (called the current offence) has been convicted or found guilty of an offence under subsection (8) or (9) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence. [12/2013] |
| (13) This section must not be construed as derogating from any other benefits that a female employee is entitled to, during any period of adoption leave taken by her, under the terms of her contract of service or under any written law. [12/2013] |
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| Adoption leave for self-employed woman |
12AB.—(1) Subject to subsection (2), section 12AC and any regulations made under section 20, a self‑employed woman who —| (a) | applies to adopt a child in accordance with any written law relating to the adoption of children; | | (b) | satisfies the requirements of section 12AC; | | (c) | within a period of 12 months commencing on the date of the child’s birth, ceases to be actively engaged in her trade, business, profession or vocation —| (i) | for a period of 12 weeks commencing on the eligibility date of the application to adopt the child; | | (ii) | during a period of 12 weeks commencing —| (A) | not earlier than the eligibility date of the application to adopt the child; and | | (B) | not later than the date the adoption order is made; or |
| | (iii) | during —| (A) | a period of 8 weeks commencing —| (AA) | not earlier than the eligibility date of the application to adopt the child; and | | (AB) | not later than the date the adoption order is made; and |
| | (B) | one or more than one later period, all of which in aggregate are equal in duration to 4 times her weekly index or 24 days (whichever is the lower); and |
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| | (d) | has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation, |
| is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (2). |
[33/2016] (2) A self-employed woman is entitled to receive from the Government under subsection (1), for ceasing to be actively engaged in her trade, business, profession or vocation, in respect of a child —| (a) | if the making of the woman’s application to adopt that child, or the issue of the dependant’s pass in respect of that child, is the woman’s first or second specified event —| (i) | not more than $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her cessation of active engagement in her trade, business, profession or vocation after the first 4 weeks of that cessation; and | | (ii) | in any case, not more than a total of $20,000 for the period of cessation (if only one), or all the periods of cessation, under sub‑paragraph (i), whichever is applicable; or |
| | (b) | if the making of the woman’s application to adopt that child, or the issue of the dependant’s pass in respect of that child, is the woman’s third or subsequent specified event —| (i) | not more than $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of her cessation of active engagement in her trade, business, profession or vocation; and | | (ii) | not more than a total of $30,000. [33/2016; 19/2021] |
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| (3) [Deleted by Act 33 of 2016] |
| (4) The amount of payment referred to in subsection (2) is inclusive of any contribution to the Central Provident Fund which a self‑employed woman is liable to make under the Central Provident Fund Act 1953. [12/2013; 33/2016] |
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| Eligibility criteria for adoption leave and benefits |
12AC.—(1) A female employee who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to adoption leave and payment under section 12AA, and a self-employed woman who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to payment under section 12AB, if —| (a) | the eligibility date of the application is on or after 1 January 2017; | | (b) | in the case of a female employee, she has served her employer for a period of at least 3 months preceding the eligibility date of the application; | | (c) | in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months preceding the eligibility date of the application; | | (d) | the child is below 12 months of age on the eligibility date of the application; | | (e) | where the child is not a citizen of Singapore on the date the application is made, and a dependant’s pass in respect of the child has been issued —| (i) | if the application is made in the sole name of the female employee or self‑employed woman — the female employee or self‑employed woman (as the case may be) is a citizen of Singapore on the date the dependant’s pass is issued; or | | (ii) | if the application is made in the joint names of the female employee or self‑employed woman and of her husband — either the female employee or self‑employed woman (as the case may be) or her husband is a citizen of Singapore on the date the dependant’s pass is issued; and |
| | (f) | the female employee or self-employed woman is not the natural mother of the child. [33/2016; 19/2021] |
(2) A woman who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to adoption benefits under section 12A, if —| (a) | the eligibility date of the application to adopt the child is on or after 1 January 2021; | | (b) | for at least 90 days in total during the period of 12 months immediately before the eligibility date of the application to adopt the child, she has been employed by one or more employers, self‑employed or both (whether in Singapore or outside Singapore); | | (c) | in the case of a woman who has been employed outside Singapore or self‑employed outside Singapore, she —| (i) | is resident in Singapore, and is no longer employed outside Singapore or self‑employed outside Singapore (as the case may be), on the eligibility date of the application to adopt the child; and | | (ii) | opts to do either or both of the following:| (A) | use any period during the 12 months immediately before the eligibility date of the application to adopt the child when she was employed outside Singapore, or was self‑employed outside Singapore, to satisfy the requirement in paragraph (b); | | (B) | use her income during any period mentioned in sub‑paragraph (A) to calculate her total income for the purposes of section 12A(2); |
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| | (d) | the child is below 12 months of age on the eligibility date of the application to adopt the child; | | (e) | in the case of a child who is not a citizen of Singapore on the date the application to adopt the child is made, and for whom a dependant’s pass has been issued —| (i) | if the application is made in the sole name of the woman — the woman is a citizen of Singapore on the date the dependant’s pass is issued; or | | (ii) | if the application is made in the joint names of the woman and her husband — either the woman or her husband (as the case may be) is a citizen of Singapore on the date the dependant’s pass is issued; and |
| | (f) | the woman is not the natural mother of the child. [19/2021] |
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(3) Section 9A(2A) applies for the purposes of reckoning the number of days under subsection (2)(b) in which a woman has been employed or self‑employed, with the following modifications:| (a) | the reference to the day of a woman’s confinement in section 9A(2A)(a) is a reference to the eligibility date of the application to adopt the child; | | (b) | every reference in section 9A(2A) to a woman’s employment or self‑employment is a reference to the employment or self‑employment (as the case may be) of the woman mentioned in subsection (2). [19/2021] |
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| Reimbursement from, or payment by, Government for adoption leave |
12AD.—(1) Subject to subsection (2) and any regulations made under section 20, where a female employee who takes adoption leave in respect of a child has received payment from her employer at her gross rate of pay under section 12AA(4), the employer is entitled to claim reimbursement from the Government —| (a) | if the making of the employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the employee’s first or second specified event, for —| (i) | the amount paid to the employee under section 12AA(4) for the period after the first 4 weeks of adoption leave taken by the employee; and | | (ii) | any contribution made by the employer under the Central Provident Fund Act 1953 in respect of the amount mentioned in sub‑paragraph (i) which is not recoverable from the employee’s wages; and |
| | (b) | if the making of the employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the employee’s third or subsequent specified event, for —| (i) | the amount paid to the employee under section 12AA(4) for the whole period of adoption leave taken by the employee; and | | (ii) | any contribution made by the employer under the Central Provident Fund Act 1953 in respect of the amount mentioned in sub‑paragraph (i) which is not recoverable from the employee’s wages. [33/2016] |
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(2) The reimbursement that an employer is entitled to claim from the Government under subsection (1) in respect of a female employee is an amount that does not exceed —| (a) | where subsection (1)(a) applies —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, after the first 4 weeks of adoption leave taken by the female employee; and | | (ii) | a total of $20,000; or |
| | (b) | where subsection (1)(b) applies —| (i) | $10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of adoption leave taken by the female employee; and | | (ii) | a total of $30,000. [33/2016; 19/2021] |
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(3) Where an employer makes payment to a female employee in relation to whom the requirements of subsection (4) are satisfied, in respect of her absence from work for the adoption of a child, the Government may reimburse the employer an amount that does not exceed —| (a) | if the making of the application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the employee’s first or second specified event — each of the amounts mentioned in subsection (2)(a)(i) and (ii); and | | (b) | if the making of the application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the employee’s third or subsequent specified event — each of the amounts mentioned in subsection (2)(b)(i) and (ii). [19/2021] |
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(4) For the purposes of subsection (3), the requirements are all of the following:| (a) | the eligibility date of the application to adopt the child is on or after 1 November 2021; | | (b) | the requirements of section 12AC(1)(d), (e) and (f) are satisfied, but not the requirements of section 12AC(1)(b); | | (c) | the female employee’s absence from work commences on or after the eligibility date of the application to adopt the child; | | (d) | the female employee’s absence from work occurs within 12 months commencing on the date of birth of the child. [19/2021] |
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| Childcare leave and extended childcare leave and benefits for parent of qualifying child |
12B.—(1) Subject to subsections (1B), (1C), (2) and (3) and any regulations made under section 20, where any employee —| (a) | has served an employer for a period of not less than 3 months; and | | (b) | has any child who is below 7 years of age and who is, or who becomes, a qualifying child, at any time during any relevant period, |
| the employee is entitled to childcare leave (called childcare leave in this section and section 12C) for that relevant period of — |
| (i) | 2 days, if the employee serves the employer for a period of less than 5 months during that relevant period; | | (ii) | 3 days, if the employee serves the employer for a period of not less than 5 months but less than 7 months during that relevant period; | | (iii) | 4 days, if the employee serves the employer for a period of not less than 7 months but less than 9 months during that relevant period; | | (iv) | 5 days, if the employee serves the employer for a period of not less than 9 months but less than 11 months during that relevant period; and | | (v) | 6 days, if the employee serves the employer for not less than 11 months during that relevant period. [28/2008; 12/2013; 19/2021] |
(1A) Subject to subsections (1B), (1C) and (2) and any regulations made under section 20, where any employee —| (a) | has served an employer for a period of not less than 3 months; and | | (b) | has any child who is of or above 7 years of age but below 13 years of age, and who is, or who becomes, a qualifying child, at any time during any relevant period, |
| the employee is entitled to 2 days of extended childcare leave (called extended childcare leave in this section and section 12CA) for that relevant period. |
[12/2013; 19/2021] |
(1B) A male employee is not entitled to childcare leave and extended childcare leave under subsections (1) and (1A) respectively in respect of a qualifying child if —| (a) | the male employee is the natural father of the qualifying child; and | | (b) | either the male employee or the natural mother of the qualifying child was lawfully married to another person, or both of them were lawfully married but not to each other, at the time the qualifying child was conceived. [19/2021] |
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(1C) Despite subsection (1B), if the male employee and the natural mother of the qualifying child become lawfully married to each other after the child is conceived (whether or not the marriage remains subsisting), the male employee then becomes entitled to childcare leave and extended childcare leave under subsections (1) and (1A) respectively in respect of the qualifying child —| (a) | in a case where the lawful marriage occurred before the birth of the qualifying child — starting on the date of the child’s birth; and | | (b) | in any other case — starting on the date of their lawful marriage. [19/2021] |
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(2) An employee who is entitled to childcare leave and extended childcare leave under subsections (1) and (1A), respectively —| (a) | is not entitled to —| (i) | more than 42 days of childcare leave in respect of any qualifying child; | | (ii) | more than 12 days of extended childcare leave in respect of any qualifying child; and | | (iii) | more than a combined total of 6 days of childcare leave and extended childcare leave during any relevant period; and |
| | (b) | must —| (i) | take the employee’s first entitlement of childcare leave or extended childcare leave for a relevant period in that relevant period or the next succeeding relevant period; and | | (ii) | thereafter, take the next and each subsequent entitlement of childcare leave or extended childcare leave for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively. [28/2008; 12/2013; 33/2016; 19/2021] |
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(3) Despite section 87A of the Employment Act 1968, when an employee becomes entitled (whether before, on or after 1 April 2014) to childcare leave or extended childcare leave in relation to a qualifying child under this section, whether or not the employee has taken (before, on or after 1 April 2014) any childcare leave under section 87A of that Act and whether or not in relation to the same child before the employee becomes so entitled, then —| (a) | the employee is not entitled to childcare leave under section 87A of that Act, or to payment from the employer under section 87A(5) of that Act, for so long as the employee is entitled to childcare leave or extended childcare leave under this section; | | (b) | any childcare leave taken under section 87A of that Act (before the employee became entitled to childcare leave or extended childcare leave under this section) in a relevant period is treated, for the purposes of this Act, as childcare leave or extended childcare leave taken under this section in that relevant period in relation to the qualifying child; | | (c) | where the employee has not received any payment from the employer under section 87A(5) of that Act in respect of any childcare leave already taken by the employee under section 87A of that Act, the employee is entitled to payment from the employer under subsection (9) in respect of the childcare leave so taken; and | | (d) | where the employee has received payment from the employer under section 87A(5) of that Act with respect to the childcare leave taken by the employee under section 87A of that Act, the payment is treated, for the purposes of this Act, as a payment made by the employer to the employee under subsection (9). [26/2013] |
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| (4) [Deleted by Act 26 of 2013] |
(5) Despite section 87A of the Employment Act 1968, when an employee —| (a) | ceases to be entitled to childcare leave and extended childcare leave (whether before, on or after 1 April 2014) under this section; or | | (b) | ceases to be entitled to childcare leave (whether before, on or after 1 April 2014) and is not entitled to extended childcare leave under this section, |
| but has any child below 7 years of age at any time during any relevant period, the employee’s entitlement (if any) to childcare leave under section 87A of that Act is affected in the following manner: |
| (i) | the employee is entitled to 2 days of childcare leave under section 87A of that Act for that relevant period, if he or she had not taken any childcare leave or extended childcare leave under this section during that relevant period; | | (ii) | the employee is entitled to one day of childcare leave under section 87A of that Act for that relevant period, if he or she had taken one day of childcare leave or extended childcare leave under this section during that relevant period; and | | (iii) | the employee is not entitled to any childcare leave under section 87A of that Act for that relevant period, if he or she had taken 2 or more days in total of childcare leave or extended childcare leave or both under this section during that relevant period. [26/2013] |
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| (6) [Deleted by Act 33 of 2016] |
(7) The childcare leave and extended childcare leave are in addition to —| (a) | the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively, of the Employment Act 1968; and | | (b) | in the case of childcare leave, any unpaid infant care leave to which an employee may be entitled under section 12D. [12/2013; 55/2018] |
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(8) Subject to subsection (2)(b), an employer must grant, and an employee who is entitled to childcare leave or extended childcare leave must take, the entitlement of childcare leave or extended childcare leave (as the case may be) for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —| (a) | thereupon ceases to be entitled to that leave; and | | (b) | is not entitled to any payment in lieu of that leave. [12/2013] |
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| (9) Subject to subsections (10) and (10A), an employer must pay an employee who is entitled to childcare leave or extended childcare leave (as the case may be) the employee’s gross rate of pay for every day of such leave that is taken by the employee. [12/2013] |
| (10) Where an employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from the employer under subsection (9) must not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under subsection (1) and that is taken by the employee. [28/2008] |
| (10A) The amount of payment an employee is entitled to receive from the employer under subsection (9) must not exceed $500 for each day of extended childcare leave that the employee is entitled to under subsection (1A) and that is taken by the employee. [12/2013] |
(11) If the employment of an employee who is entitled to childcare leave or extended childcare leave (as the case may be) is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of childcare leave or extended childcare leave (as the case may be) for a relevant period, the employee —| (a) | ceases to be entitled to that leave upon the termination of the employment; and | | (b) | is not entitled to any payment in lieu of that leave. [28/2008; 12/2013] |
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(11A) To avoid doubt, the employee ceases to be entitled to any childcare leave or extended childcare leave in respect of a qualifying child, and is not entitled to any payment in lieu of that leave, if —| (a) | the qualifying child is adopted by another person, other than jointly with the employee; or | | (b) | the employee ceases to provide care, protection or supervision as a foster parent to the child under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act. [30/2019] |
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| (12) Any employer who fails, without reasonable cause, to grant childcare leave to an employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (13) Any employer who fails, without reasonable cause, to grant extended childcare leave to an employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (14) Any employer who fails to pay an employee in accordance with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (14A) Where an employer has been convicted of an offence under subsection (14), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12C or 12CA (as the case may be) which have not been paid to an employee in accordance with this section. [12/2013] |
| (14B) Where an employer who is convicted or found guilty of an offence under subsection (12), (13) or (14) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] |
(14C) For the purposes of subsection (14B), a person is a repeat offender in relation to an offence under subsection (12), (13) or (14) if the person who is convicted or found guilty of an offence under subsection (12), (13) or (14) (called the current offence) has been convicted or found guilty of —| (a) | an offence under subsection (12), (13) or (14); or | | (b) | an offence under section 87A(7) or (7A) of the Employment Act 1968 in force before, on or after 1 May 2013, |
| on at least one other occasion on or after 1 May 2013 and before the date on which the person is convicted or found guilty of the current offence. |
[12/2013] |
| (15) Subject to subsection (5), this section must not be construed as derogating from any other benefits that an employee is entitled to, during any period of childcare leave or extended childcare leave (as the case may be) taken by the employee, under the terms of the employee’s contract of service or under any written law. [28/2008; 12/2013] |
(16) Subject to subsections (16B), (17), (18), (18B) and (19) and any regulations made under section 20, where on or after 17 August 2008 any self‑employed person —| (a) | has been carrying on a trade, business, profession or vocation for a continuous period of not less than 3 months; | | (b) | has any child who is below 7 years of age and who is, or who becomes, a qualifying child, at any time during any calendar year; | | (c) | ceases to be actively engaged in the trade, business, profession or vocation for childcare purposes for not less than 4 days during that calendar year; and | | (d) | has lost any income by reason of such cessation of active engagement in the trade, business, profession or vocation, |
| the person is entitled to claim from the Government the income the person would otherwise have derived from the trade, business, profession or vocation for — |
| (i) | one day, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 4 days during that calendar year; | | (ii) | 2 days, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 5 days during that calendar year; and | | (iii) | 3 days, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 6 or more days during that calendar year. [28/2008; 19/2021] [Act 32 of 2023 wef 01/01/2024] |
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(16A) Subject to subsections (16B), (18A), (18B) and (19), where on or after 1 January 2013 any self‑employed person —| (a) | has been carrying on a trade, business, profession or vocation for a continuous period of not less than 3 months; | | (b) | has any child who is of or above 7 years of age but below 13 years of age and who is, or who becomes, a qualifying child, at any time during any calendar year; | | (c) | ceases to be actively engaged in the trade, business, profession or vocation for childcare purposes during one or more periods not exceeding 2 days during that calendar year; and | | (d) | has lost any income by reason of such cessation of active engagement in the trade, business, profession or vocation, |
| the person is entitled to claim from the Government the income the person would otherwise have derived from the trade, business, profession or vocation had the person continued to be actively engaged in such trade, business, profession or vocation, during the period or periods, not exceeding 2 days, in which he or she had ceased to be actively engaged in the trade, business, profession or vocation. |
[12/2013; 19/2021] [Act 32 of 2023 wef 01/01/2024] |
(16B) Subsections (1B) and (1C) apply to a self‑employed man as they apply to a male employee, with the following modifications:| (a) | every reference in those subsections to a male employee is to be read as a reference to a self‑employed man; | | (b) | every reference in those subsections to childcare leave under subsection (1) is to be read as a reference to a claim from the Government of the income mentioned in subsection (16); | | (c) | every reference in those subsections to extended childcare leave under subsection (1A) is to be read as a reference to a claim from the Government of the income mentioned in subsection (16A). [19/2021] |
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| (17) A self-employed woman is not entitled to make a claim under subsection (16) in respect of any period of her cessation of active engagement in her trade, business, profession or vocation for which she is entitled to make a claim under section 9(4) or (4A), or was entitled to make a claim under the repealed section 9(4B) or (4C) or 10A(4) of this Act as in force immediately before 1 January 2017. [28/2008; 33/2016] |
(18) A self-employed person is not entitled to claim from the Government under subsection (16) —| (a) | more than 21 days of income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or | | (b) | any income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes during any period occurring before 17 August 2008. [28/2008] |
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(18A) A self-employed person is not entitled to claim from the Government under subsection (16A) —| (a) | more than 12 days of income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or | | (b) | any income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes during any period occurring before 1 January 2013. [12/2013] |
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| (18B) A self-employed person is not entitled to claim from the Government under subsection (16) or (16A), or under both provisions, more than 3 days in total in a calendar year of income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes, regardless of the number of qualifying children the self-employed person has. [Act 32 of 2023 wef 01/01/2024] |
| (19) The amount of payment a self‑employed person is entitled to claim from the Government under subsection (16) or (16A) (as the case may be) must not exceed $500 for each day of the person’s cessation of active engagement in the person’s trade, business, profession or vocation for childcare purposes. [28/2008; 12/2013] |
| (20) The amounts of payment referred to in subsections (10), (10A) and (19) are inclusive of any contribution to the Central Provident Fund which an employer, an employee or a self‑employed person is liable to make under the Central Provident Fund Act 1953. [28/2008; 12/2013] |
(21) In this section and sections 12C and 12CA —“child”, in relation to an employee or a self‑employed person, includes —| (a) | any adopted child or stepchild of the employee or self‑employed person; and | | (b) | any child to whom the employee or self‑employed person is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act; |
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| “qualifying child” means a child who is a citizen of Singapore; |
“relevant period”, in relation to an employee, means —| (a) | any period of 12 months as is agreed to by the employee and his or her employer; or | | (b) | where there is no such agreement, a calendar year. [28/2008; 12/2013; 30/2019; 19/2021] |
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| Reimbursement from Government for childcare leave |
12C.—(1) Subject to subsections (2), (2A), (3) and (4) and any regulations made under section 20, where an employer has made payment to an employee under section 12B(9) for not less than 4 days of childcare leave taken in any relevant period by the employee, the employer is entitled to claim reimbursement from the Government for the amount paid to the employee for —| (a) | one day of childcare leave, if the employer granted the employee 4 days of childcare leave during that relevant period; | | (b) | 2 days of childcare leave, if the employer granted the employee 5 days of childcare leave during that relevant period; and | | (c) | 3 days of childcare leave, if the employer granted the employee 6 days of childcare leave during that relevant period. [28/2008; 19/2021] |
(2) Subject to subsections (2A), (3) and (4), the amount of reimbursement, which an employer is entitled to claim from the Government under subsection (1) in respect of an employee, is an amount that does not exceed —| (a) | $500 for each day of childcare leave taken by the employee; and | | (b) | $1,500 in any calendar year. [28/2008; 19/2021] |
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| (2A) Where, during a relevant period that starts in a calendar year (called the first calendar year) and ends in another calendar year (called the second calendar year), an employee takes any childcare leave under subsection (1), the Government may permit the employer to treat the childcare leave as being taken in either the first calendar year or second calendar year for the purpose of a claim under subsection (2). [19/2021] |
| (3) Despite subsections (1), (2) and (2A), the Government may refuse to reimburse an employer for any amount paid by the employer to an employee for any day of childcare leave taken or treated as taken by the employee in any calendar year, if the Government has already reimbursed the employer or any other employer or employers for the amount or amounts paid to the employee for a total of 3 days of childcare leave taken or treated as taken by the employee in that calendar year. [28/2008; 19/2021] |
| (4) Despite subsections (1) and (2), the Government may refuse to reimburse an employer for any amount paid by the employer to an employee for any day of childcare leave taken by the employee in respect of a qualifying child, if the Government has already reimbursed the employer or any other employer or employers for the amount or amounts paid to the employee for a total of 21 days of childcare leave taken by the employee in respect of that qualifying child. [28/2008] |
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| Reimbursement from Government for extended childcare leave |
| 12CA.—(1) Subject to subsections (2), (2A), (3) and (4) and any regulations made under section 20, where an employer has made payment to an employee under section 12B(9) for extended childcare leave taken in any relevant period by the employee, the employer is entitled to claim reimbursement from the Government for the amount paid to the employee for the extended childcare leave not exceeding 2 days. [12/2013; 19/2021] (2) Subject to subsections (2A), (3) and (4), the amount of reimbursement, which an employer is entitled to claim from the Government under subsection (1) in respect of an employee, is an amount that does not exceed —| (a) | $500 for each day of extended childcare leave taken by the employee; and | | (b) | $1,000 in any calendar year. [12/2013; 19/2021] |
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| (2A) Where, during a relevant period that starts in a calendar year (called the first calendar year) and ends in another calendar year (called the second calendar year), an employee takes any extended childcare leave under subsection (1), the Government may permit the employer to treat the extended childcare leave as being taken in either the first calendar year or second calendar year for the purpose of a claim under subsection (2). [19/2021] |
| (3) Despite subsections (1), (2) and (2A), the Government may refuse to reimburse an employer for any amount paid by the employer to an employee for any day of extended childcare leave taken or treated as taken by the employee in any calendar year, if the Government has already reimbursed the employer or any other employer or employers for the amount or amounts paid to the employee for a total of 2 days of extended childcare leave taken or treated as taken by the employee in that calendar year. [12/2013; 19/2021] |
| (4) Despite subsections (1) and (2), the Government may refuse to reimburse an employer for any amount paid by the employer to an employee for any day of extended childcare leave taken by the employee in respect of a qualifying child, if the Government has already reimbursed the employer or any other employer or employers for the amount or amounts paid to the employee for a total of 12 days of extended childcare leave taken by the employee in respect of that qualifying child. [12/2013] |
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| Unpaid infant care leave for parent of qualifying child |
12D.—(1) Subject to subsections (1A), (1B) and (2) and any regulations made under section 20, where any employee —| (a) | has served an employer for a period of not less than 3 months; and | | (b) | has any child who is below 2 years of age and who is, or who becomes, a qualifying child, at any time during any relevant period, |
| the employee is entitled to unpaid infant care leave of 12 days for that relevant period. |
[28/2008; 19/2021] [Act 32 of 2023 wef 01/01/2024] (1A) A male employee is not entitled to unpaid infant care leave under subsection (1) in respect of a qualifying child if —| (a) | the male employee is the natural father of the qualifying child; and | | (b) | either the male employee or the natural mother of the qualifying child was lawfully married to another person, or both of them were lawfully married but not to each other, at the time the qualifying child was conceived. [19/2021] |
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(1B) Despite subsection (1A), if the male employee and the natural mother of the qualifying child become lawfully married to each other after the child is conceived (whether or not the marriage remains subsisting), the male employee then becomes entitled to unpaid infant care leave under subsection (1) in respect of the qualifying child —| (a) | in a case where the lawful marriage occurred before the birth of the qualifying child — starting on the date of the child’s birth; and | | (b) | in any other case — starting on the date of their lawful marriage. [19/2021] |
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(2) An employee who is entitled to unpaid infant care leave under subsection (1) —| (a) | is not entitled to more than 24 days of unpaid infant care leave in respect of any qualifying child; and [Act 32 of 2023 wef 01/01/2024] | | (b) | must —| (i) | take his or her first entitlement of unpaid infant care leave of 12 days for a relevant period in that relevant period or the next succeeding relevant period; and [Act 32 of 2023 wef 01/01/2024] | | (ii) | thereafter, take the next entitlement of unpaid infant care leave of 12 days for a relevant period in the next succeeding relevant period. [28/2008; 19/2021] [Act 32 of 2023 wef 01/01/2024] |
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| (3) [Deleted by Act 33 of 2016] |
(4) The unpaid infant care leave is in addition to —| (a) | the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively, of the Employment Act 1968; and | | (b) | any childcare leave to which an employee may be entitled under section 87A of the Employment Act 1968 or under section 12B. [28/2008; 32/2008; 55/2018] |
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(5) Subject to subsection (2)(b), an employer must grant, and an employee who is entitled to unpaid infant care leave must take, the entitlement of unpaid infant care leave for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —| (a) | thereupon ceases to be entitled to that leave; and | | (b) | is not entitled to any payment in lieu of that leave. [28/2008] |
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(6) If the employment of an employee who is entitled to unpaid infant care leave is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of unpaid infant care leave for a relevant period, the employee —| (a) | ceases to be entitled to that leave upon the termination of the employment; and | | (b) | is not entitled to any payment in lieu of that leave. [28/2008] |
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(6A) To avoid doubt, the employee ceases to be entitled to any unpaid infant care leave in respect of a qualifying child, and is not entitled to any payment in lieu of that leave, if —| (a) | the qualifying child is adopted by another person, other than jointly with the employee; or | | (b) | the employee ceases to provide care, protection or supervision as a foster parent to the child under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act. [30/2019] |
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(7) Any employer who fails, without reasonable cause, to grant unpaid infant care leave to an employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (b) | for a subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [28/2008; 12/2013] |
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| (8) This section must not be construed as derogating from any other benefits that an employee is entitled to, during any period of unpaid infant care leave taken by him or her, under the terms of his or her contract of service or under any written law. [28/2008] |
| (9) Despite anything to the contrary in the Employment Act 1968, a period of unpaid infant care leave taken by an employee under this section counts towards the length of the employee’s service for the purposes of that Act. [28/2008] |
(10) In this section —“child”, in relation to an employee, includes —| (a) | any adopted child or stepchild of the employee; and | | (b) | any child to whom the employee is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act; |
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| “qualifying child” means a child who is a citizen of Singapore; |
“relevant period”, in relation to an employee, means —| (a) | any period of 12 months as is agreed to by the employee and his or her employer; or | | (b) | where there is no such agreement, a calendar year. [28/2008; 12/2013; 30/2019] |
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| Length of benefit period, etc., in respect of shared parental leave |
12E.—(1) This section applies to a male employee or a self‑employed man, if —| (a) | he is —| (i) | the natural father of a child and satisfies the requirements of section 12F(1); or | | (ii) | the adoptive father of a child and satisfies the requirements of section 12F(1A); and |
| | (b) | the appropriate applicant in subsection (6) has made an election under subsection (5) for him, or subsection (7B) entitles him —| (i) | to take shared parental leave, in accordance with subsection (2); or | | (ii) | to claim lost income in accordance with subsection (3). [12/2013; 33/2016; 19/2021] |
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(2) Subject to this section and section 12F and any regulations made under section 20, the male employee mentioned in subsection (1) is entitled —| (a) | to absent himself from work on shared parental leave, within the period of 12 months commencing on the date of the child’s birth, for —| (i) | one period equal in duration to N weeks; | | (ii) | more than one period, each being of one or more whole weeks, and all of which in aggregate are equal in duration to N weeks; or | | (iii) | more than one period, each being of a duration that is agreed between him and his employer, and all of which in aggregate are equal in duration to N times the lower of the male employee’s weekly index or 6 days; and |
| | (b) | to receive from his employer his gross rate of pay for each day of such leave that is taken by him. [33/2016] |
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(3) Subject to this section and section 12F and any regulations made under section 20, if the self‑employed man mentioned in subsection (1) —| (a) | within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, all of which in aggregate are equal in duration to N times the lower of the self‑employed man’s weekly index or 6 days; and | | (b) | has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation, |
| he is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (a). |
[33/2016] |
(4) The adoptive father of a child can do either of the following only after the eligibility date of the adoptive father’s joint application with the child’s adoptive mother to adopt the child:| (a) | take shared parental leave in accordance with subsection (2); | | (b) | claim lost income in accordance with subsection (3). [33/2016] |
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(5) Subject to subsection (7B), the appropriate applicant mentioned in subsection (6) may make an election for the natural father or adoptive father (as the case may be) of the child —| (a) | to take N weeks of shared parental leave in accordance with subsection (2); or | | (b) | to claim N weeks of lost income in accordance with subsection (3). [33/2016; 19/2021] |
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(5A) An election under subsection (5) —| (a) | must be made in such form and manner as the Minister may provide; | | (b) | must be made within a period which commences after the prescribed week of pregnancy and ends on the last day of the period of 12 months commencing on the date of the child’s birth; and | | (c) | except as otherwise provided in subsection (9A) or by any regulations made under section 20, is irrevocable. [33/2016; 19/2021] |
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(6) The appropriate applicant is —| (a) | in relation to a natural father of a child mentioned in subsection (1)(a)(i) — the mother of the child, being a female employee to whom section 9(1), (1A) or (1B) applies or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child; | | (b) | in relation to an adoptive father of a child mentioned in subsection (1)(a)(ii) — the adoptive mother of the child, being —| (i) | a female employee to whom section 12AA applies, or a self‑employed woman to whom section 12AB applies, in respect of an application to adopt the child; or | | (ii) | a female employee to whom section 9(1), (1A) or (1B) or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child. [33/2016; 19/2021] |
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| (7) Where a female employee makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the female employee’s entitlement under section 9(1), (1A) or (1B) in respect of her delivery of the child, or under section 12AA in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement. [33/2016] |
| (7A) Where a self-employed woman makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the self‑employed woman’s entitlement under section 9(4) or (4A) in respect of her delivery of the child, or under section 12AB in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement. [33/2016] |
(7B) Subject to subsection (7C), where an appropriate applicant mentioned in subsection (6) —| (a) | dies before making an election under subsection (5); or | | (b) | revokes an election in accordance with the regulations mentioned in subsection (5A)(c) but dies before making a new election, |
| the male employee or self‑employed man who is the natural father or adoptive father mentioned in subsection (1)(a) is entitled to take shared parental leave in accordance with subsection (2) or to claim lost income in accordance with subsection (3), as the case may be — |
| (c) | in the case of the natural father of the child where the appropriate applicant was the natural mother of the child — for N weeks of the mother’s entitlement as a female employee under section 9(1), (1A) or (1B), or as a self‑employed woman under section 9(4) or (4A) (whichever is applicable), in respect of her delivery of the child, that she did not consume before her death; and | | (d) | in the case of the adoptive father of the child where the appropriate applicant was the adoptive mother of the child — for N weeks of the adoptive mother’s entitlement that she did not consume before her death under one of the following provisions:| (i) | if there was an application to adopt the child — section 12AA (in the case of a female employee) or section 12AB (in the case of a self‑employed woman); | | (ii) | if the child was delivered by the appropriate applicant — section 9(1), (1A) or (1B) (in the case of a female employee) or section 9(4) or (4A) (in the case of a self‑employed woman). [19/2021] |
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| (7C) The shared parental leave or lost income under subsection (7B)(c) or (d) must not exceed N weeks of such leave or lost income, as the case may be. [19/2021] |
(8) In this section and sections 12F and 12G, “N” is —| (a) | the integer 1, 2, 3 or 4, as specified by the appropriate applicant mentioned in subsection (6) in her election made under subsection (5); or | | (b) | if subsection (7B) applies, the number of whole weeks of the appropriate applicant’s unconsumed entitlement mentioned in subsection (7B)(c) or (d) (whichever is applicable), which must not exceed 4. [19/2021] |
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| (9) Subject to any regulations made under section 20 that provide otherwise, a male employee or self‑employed man forfeits any part of his entitlement under subsection (2) or (3) that is not consumed within the period of 12 months commencing on the date of the child’s birth. [33/2016] |
(9A) Subject to any regulations made under section 20 that provide otherwise, if, at any time after a child’s natural mother or adoptive mother makes an election under subsection (5) but within the period of 12 months commencing on the date of the child’s birth —| (a) | the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or | | (b) | the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation, |
| (i) | the election is revoked as regards each whole week of the father’s entitlement under subsection (2) or (3) that is not consumed at the time his employment is terminated or he ceases to be actively engaged in his trade, business, profession or vocation (as the case may be); and | | (ii) | any remaining period of that entitlement is forfeited. [33/2016] |
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(9B) If, at any time after the death of the appropriate applicant but within the period of 12 months commencing on the date of the child’s birth —| (a) | the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or | | (b) | the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation, |
| (c) | the father’s entitlement under subsection (7B)(c) or (d) is reduced to the number of whole weeks of shared parental leave that he has not consumed by the time his employment is terminated, or he ceases to be actively engaged in his trade, business, profession or vocation, as the case may be; | | (d) | any remaining days of the entitlement under subsection (7B)(c) or (d) that do not constitute a whole week are forfeited; and | | (e) | the reduced entitlement under paragraph (c) may be consumed by the father in the course of his re‑employment with the same or another employer, or upon his active engagement in his trade, business, profession or vocation. [19/2021] |
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| (10) Any employer who fails, without reasonable cause, to grant shared parental leave to a male employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (11) Any employer who fails to pay a male employee in accordance with this section and section 12F shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (12) Where an employer has been convicted of an offence under subsection (11), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12G which have not been paid to a male employee in accordance with this section and section 12F. [12/2013] |
| (13) Where an employer who is convicted or found guilty of an offence under subsection (10) or (11) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] |
| (14) For the purposes of subsection (13), a person is a repeat offender in relation to an offence under subsection (10) or (11) if the person who is convicted or found guilty of an offence under subsection (10) or (11) (called the current offence) has been convicted or found guilty of an offence under subsection (10) or (11) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence. [12/2013] |
| (15) This section and section 12F apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive, and in that case, the reference to the mother of the child who is the appropriate applicant is to be read as a reference to the mother of the stillborn child. [19/2021] |
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| Eligibility criteria and cap in respect of shared parental leave benefits |
12F.—(1) A male employee who is the natural father of a child is entitled to absent himself from work on shared parental leave, and to payment by his employer, under section 12E(2), and a self‑employed man who is the natural father of a child is entitled to payment by the Government under section 12E(3), if —| (a) | the mother’s confinement in respect of the child occurs, or the estimated delivery date for that confinement is, on or after 1 July 2017, or (in the case of a stillborn child) on or after 1 November 2021; | | (b) | the child —| (i) | is a citizen of Singapore at the time of the child’s birth, or (in the case of a stillborn child) would have been a citizen of Singapore at birth; or | | (ii) | becomes a citizen of Singapore within 12 months commencing on the date of the child’s birth; |
| | (c) | the child’s mother was lawfully married to the child’s natural father —| (i) | at the time the child was conceived; | | (ii) | after the child was conceived but before the child’s birth; or | | (iii) | within 12 months commencing on the date of the child’s birth, but on or before either of the following applicable dates:| (A) | the date that the child’s mother makes an election under section 12E(5) in favour of the child’s natural father; | | (B) | if the circumstances mentioned in section 12E(7B)(a) or (b) apply in relation to the child’s mother, the date of her death, |
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| whether or not such marriage remains subsisting at the time of the child’s birth, or on the date of the election or the mother’s death, as the case may be. |
[33/2016; 19/2021] |
(1A) A male employee who is the adoptive father of a child is entitled to absent himself from work on shared parental leave, and to payment by his employer, under section 12E(2), and a self‑employed man who is the adoptive father of a child is entitled to payment by the Government under section 12E(3), if —| (a) | the adoptive father has made a joint application with the child’s adoptive mother to adopt the child; | | (b) | the eligibility date of the joint application to adopt the child is on or after 1 July 2017; | | (c) | the adoptive father is lawfully married to the adoptive mother on or before either of the following applicable dates:| (i) | the date that the adoptive mother makes an election under section 12E(5) in favour of the adoptive father; | | (ii) | if the circumstances mentioned in section 12E(7B)(a) or (b) apply in relation to the adoptive mother, the date of her death; and |
| | (d) | where the child is not a citizen of Singapore, the adoptive father or the adoptive mother is a citizen of Singapore on the date a dependant’s pass is issued in respect of the child. [33/2016; 19/2021] |
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(2) Subject to any regulations made under section 20, where a male employee absents himself from work on shared parental leave for any period mentioned in section 12E(2)(a), the payment he is entitled to receive from his employer under section 12E(2)(b) is an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days, whichever is the lower, of the male employee’s absence from work under section 12E(2)(a); and | | (b) | a total of N times $2,500. [33/2016; 19/2021] |
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(3) Subject to any regulations made under section 20, where a self‑employed man ceases to be actively engaged in his trade, business, profession or vocation during any period mentioned in section 12E(3), he is entitled to receive from the Government under that section an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the self‑employed man’s weekly index or every 6 days, whichever is the lower, of his cessation of active engagement in his trade, business, profession or vocation; and | | (b) | a total of N times $2,500. [33/2016; 19/2021] |
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| (4) The amounts of payment referred to in subsections (2) and (3) are inclusive of any contribution to the Central Provident Fund which an employer, a male employee or a self‑employed man is liable to make under the Central Provident Fund Act 1953. [12/2013] |
| (5) This section and section 12E must not be construed as derogating from any other benefits that a male employee is entitled to, during the period in which he is entitled to shared parental leave and to payment for such leave, under the terms of his contract of service or under any written law. [12/2013] |
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| Reimbursement from Government for shared parental leave benefits |
12G.—(1) Subject to subsection (2) and any regulations made under section 20, where an employer makes payment to a male employee under section 12E(2), the employer is entitled to claim reimbursement from the Government for —| (a) | the amount paid to the employee under section 12E(2) for the period of the employee’s absence from work under that provision; and | | (b) | any contribution which the employer has made under the Central Provident Fund Act 1953 in respect of such payment which is not recoverable from the employee’s wages. [12/2013; 33/2016; 19/2021] |
(2) The reimbursement that an employer is entitled to claim from the Government under subsection (1) in respect of a male employee is an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days, whichever is the lower, of the male employee’s absence from work under section 12E(2)(a); and | | (b) | a total of N times $2,500. [33/2016; 19/2021] |
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| Length of benefit period, etc., in respect of paternity leave |
12H.—(1) Subject to subsection (5) and any regulations made under section 20, every male employee, who is the natural father of a child and who satisfies the requirements of section 12I(1), or who is the adoptive father of a child and who satisfies the requirements of section 12I(2), is entitled to absent himself from work on paternity leave for —| (a) | a period of 2 weeks, which must be consumed within 16 weeks commencing on the date of the child’s birth; or | | (b) | one or more than one period, each being of a duration that is agreed between the employee and his employer, all of which in aggregate are equal in duration to twice the employee’s weekly index or 12 days (whichever is the lower), and all of which must be consumed within 12 months commencing on the date of the child’s birth. [12/2013; 33/2016] |
| (2) An employer must grant a male employee his entitlement to paternity leave in accordance with this Act and pay the employee who is entitled to such leave his gross rate of pay for every day of such leave that is taken by the employee. [12/2013] |
(3) Where the employment of a male employee is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has exercised, wholly or partly, his entitlement to absent himself from work on paternity leave, he forfeits the following upon the termination of his employment:| (a) | the entitlement (or the balance of that entitlement) to absent himself from work on paternity leave; | | (b) | the entitlement to receive payment from his employer at his gross rate of pay in respect of the forfeited period of absence from work under paragraph (a). [12/2013; 19/2021] |
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(4) Subject to subsection (5) and any regulations made under section 20, a self‑employed man who —| (a) | is the natural father of a child and satisfies the requirements of section 12I(1), or is the adoptive father of a child and satisfies the requirements of section 12I(2); | | (b) | within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, all of which in aggregate are equal in duration to —| (i) | twice his weekly index or 12 days, whichever is the lower; or | | (ii) | in the case of a specified self-employed man defined in subsection (13), 4 times his weekly index or 24 days, whichever is the lower; and [Act 32 of 2023 wef 01/01/2024] |
| | (c) | has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation, |
| is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (b). |
[33/2016] |
(5) Every male employee or self-employed man who is the adoptive father of a child and who satisfies the requirements of section 12I(2) is only entitled to take the paternity leave commencing on or after —| (a) | the date on which an application is made by the adoptive father to adopt the child, where the child is a citizen of Singapore; or | | (b) | the date on which the dependant’s pass in respect of the child is issued, where the child is not a citizen of Singapore. [12/2013] |
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| (6) [Deleted by Act 26 of 2013] |
| (7) Any employer who fails, without reasonable cause, to grant paternity leave to a male employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (8) Any employer who fails to pay a male employee in accordance with this section and section 12I shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [12/2013] |
| (9) Where an employer has been convicted of an offence under subsection (8), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12J which have not been paid to a male employee in accordance with this section and section 12I. [12/2013] |
| (10) Where an employer who is convicted or found guilty of an offence under subsection (7) or (8) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12/2013] |
| (11) For the purposes of subsection (10), a person is a repeat offender in relation to an offence under subsection (7) or (8) if the person who is convicted or found guilty of an offence under subsection (7) or (8) (called the current offence) has been convicted or found guilty of an offence under subsection (7) or (8) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence. [12/2013] |
| (12) This section (except for subsection (4)(b)(ii)) and section 12I (except for section 12I(4)(b)(ii)) apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive. [19/2021] [Act 32 of 2023 wef 01/01/2024] |
(13) In subsection (4)(b)(ii) and section 12I(4)(b)(ii), “specified self-employed man” means a self-employed man who is —| (a) | the natural father of a child born alive, where the mother’s confinement in respect of the child occurs on or after 1 January 2024, or the estimated delivery date for that confinement is on or after that date; or | | (b) | the adoptive father of a child, where the eligibility date of the application to adopt the child is on or after 1 January 2024. [Act 32 of 2023 wef 01/01/2024] |
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| Paternity benefits for eligible fathers |
| 12HA.—(1) This section applies to a man who satisfies the requirements of section 12I(4A) (called in this section an eligible father). [19/2021] (2) Unless disqualified under subsection (4), an eligible father is entitled to claim from the Government —| (a) | an amount equivalent to 14 days of his total income; or | | (b) | in the case of a specified eligible father defined in subsection (11), an amount equivalent to 28 days of his total income, |
| being his total income during any prescribed period before the delivery of the child or the eligibility date of the application to adopt the child, whichever is applicable. |
[Act 32 of 2023 wef 01/01/2024] |
(3) An eligible father’s entitlement under subsection (2) —| (a) | is an amount that does not exceed $2,500 for every 7 days; and | | (b) | is to be reduced in accordance with any regulations made under section 20 if any of the following conditions applies to him:| (i) | his employer —| (A) | has paid or is required to pay him any amount in respect of the delivery of his child or the adoption of the child, as the case may be; and | | (B) | is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 12J or 12JA (whether or not pursuant to an exemption under section 22); [Act 32 of 2023 wef 01/01/2024] |
| | (ii) | his employment is terminated upon completion of his contract of service, and he failed to exercise any part of his entitlement under this Act to be absent from work before the date of completion of his contract. [19/2021] [Act 32 of 2023 wef 01/01/2024] |
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(4) Except as provided in subsections (5) and (6), an eligible father is not entitled to claim any payment from the Government under subsection (2), if —| (a) | he is also a male employee who is entitled to absent himself from work under section 12H(1) and to receive payment from his employer under section 12H(2), in respect of the same birth or adoption of the child (as the case may be), regardless of whether he has forfeited the whole or part of his entitlement to absent himself from work and to receive payment from his employer under section 12H(3); or | | (b) | he is also a self‑employed man who is entitled to claim from the Government his lost income under section 12H(4), in respect of the same birth or adoption of the child, as the case may be. [19/2021] |
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| (5) Subsection (4) and section 12M do not disqualify an eligible father from claiming payment from the Government under subsection (2) in respect of any period when he is on leave of absence without pay granted by his employer at his request, if the leave is for a continuous period ending at least 12 months after the date of birth of the child. [19/2021] |
(6) Subsection (4) and section 12H(3) do not disqualify an eligible father from claiming payment from the Government under subsection (2) if he would have been entitled to absent himself from work under section 12H(1) and to receive payment from his employer under section 12H(2), had his employment not been terminated by reason of one of the following:| (a) | upon the completion of his contract of service; | | (b) | on the ground of redundancy or by reason of any reorganisation of his employer’s profession, business, trade or work. [19/2021] |
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(7) Section 9(7) and (8) applies to the meaning of the total income of an eligible father under subsection (2), with the following modifications:| (a) | every reference in section 9(7) and (8) to a period prescribed for the purposes of section 9(5A) is a reference to a period prescribed for the purposes of subsection (2); | | (b) | every reference in section 9(7) and (8) to a woman’s employment or self‑employment, or both, is a reference to an eligible father’s employment or self‑employment, or both. [19/2021] |
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| (8) The amount of payment mentioned in subsection (3)(a) is inclusive of any contribution to the Central Provident Fund which a male employee or a self‑employed man is liable to make under the Central Provident Fund Act 1953. [19/2021] |
| (9) Nothing in this section affects any other benefits that a male employee is entitled to, in respect of the birth of his child or his adoption of a child (as the case may be), under the terms of his contract of service or under any written law. [19/2021] |
| (10) This section (except for subsection (2)(b)) applies in relation to the natural father of a stillborn child as it applies to the natural father of a child born alive. [19/2021] [Act 32 of 2023 wef 01/01/2024] |
(11) In subsection (2)(b), “specified eligible father” means an eligible father who is —| (a) | the natural father of a child born alive, where the mother’s confinement in respect of the child occurs on or after 1 January 2024, or the estimated delivery date for that confinement is on or after that date; or | | (b) | the adoptive father of a child, where the eligibility date of the application to adopt the child is on or after 1 January 2024. [Act 32 of 2023 wef 01/01/2024] |
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| Eligibility criteria and cap in respect of paternity leave benefits |
12I.—(1) A male employee who is the natural father of a child is entitled to absent himself from work on paternity leave and to payment under section 12H(1) and (2), and a self‑employed man who is the natural father of a child is entitled to payment by the Government under section 12H(4), if —| (a) | the mother’s confinement in respect of the child occurs, or the estimated delivery date for that confinement is, on or after 1 January 2017, or (in the case of a stillborn child) on or after 1 November 2021; | | (b) | the child delivered during the mother’s confinement —| (i) | is a citizen of Singapore at the time of the child’s birth, or (in the case of a stillborn child) would have been a citizen of Singapore at birth; or | | (ii) | is not a citizen of Singapore at the time of the child’s birth but becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth; |
| | (c) | the child’s mother —| (i) | is lawfully married to the child’s natural father at the time the child is conceived; | | (ii) | becomes lawfully married to the child’s natural father after the child is conceived but before the child’s birth, whether or not such marriage remains subsisting at the time of the child’s birth; or | | (iii) | is not lawfully married to the child’s natural father at the time the child is conceived or at any time after the child is conceived but before the child’s birth, but becomes lawfully married to the child’s natural father within the period of 12 months commencing on the date of the child’s birth; |
| | (d) | in the case of a male employee, he has served the employer for a period of at least 3 months preceding the date of the child’s birth; and | | (e) | in the case of a self-employed man, he has been carrying on his trade, business, profession or vocation for a continuous period of at least 3 months preceding the date of the child’s birth. [12/2013; 27/2015; 33/2016; 19/2021] |
| (1A) To avoid doubt, where a male employee or a self‑employed man is the natural father of a child, his entitlement under section 12H(1) and (2), section 12H(4) or section 12HA(2) (as the case may be) applies only once for each confinement of the child’s mother, regardless of the number of children born or stillborn during that confinement. [33/2016; 19/2021] |
(2) A male employee who is the adoptive father of a child is entitled to absent himself from work on paternity leave and to payment under section 12H(1) and (2), and a self‑employed man who is the adoptive father of a child is entitled to payment by the Government under section 12H(4), if —| (a) | the eligibility date of the application to adopt the child is on or after 1 January 2017; | | (b) | [Deleted by Act 33 of 2016] | | (c) | where the child is not a citizen of Singapore, the adoptive father or his wife, if she is a joint applicant to the adoption, is a citizen of Singapore on the date the dependant’s pass is issued in respect of the child; | | (d) | in the case of a male employee, he has served his employer for a period of at least 3 months before the eligibility date of the application to adopt the child; | | (e) | in the case of a self-employed man, he has been carrying on his trade, business, profession or vocation for a continuous period of at least 3 months before the eligibility date of the application to adopt the child; and | | (f) | he is not the natural father of the child. [12/2013; 27/2015; 33/2016] |
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(3) Subject to any regulations made under section 20, where a male employee absents himself from work on paternity leave for any period mentioned in section 12H(1), the payment he is entitled to receive from his employer under section 12H(2) is an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days, whichever is the lower, of his absence from work under section 12H(1); and | | (b) | a total of $5,000. [33/2016; 19/2021] |
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(4) Subject to any regulations made under section 20, where a self‑employed man ceases to be actively engaged in his trade, business, profession or vocation during any period mentioned in section 12H(4), the payment he is entitled to receive from the Government under section 12H(4) is an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the self‑employed man’s weekly index or every 6 days, whichever is the lower, of his cessation of active engagement in his trade, business, profession or vocation; and | | (b) | a total of — | (i) | $5,000; or | | (ii) | $10,000 if the self-employed man is a specified self-employed man defined in section 12H(13). [Act 32 of 2023 wef 01/01/2024] |
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(4A) A man who is the natural father of a child or the adoptive father of a child is entitled to paternity benefits under section 12HA(2), if —| (a) | in relation to the child —| (i) | the mother’s confinement in respect of the child occurs, or the estimated delivery date for that confinement is, on or after 1 January 2021; or | | (ii) | the eligibility date of the application to adopt the child is on or after 1 January 2021, and the child is below 12 months of age on that eligibility date; |
| | (b) | for at least 90 days in total during the period of 12 months immediately before the day of the mother’s confinement or the eligibility date of the application to adopt the child (as the case may be), the man has been employed by one or more employers, self‑employed or both (whether in Singapore or outside Singapore); | | (c) | in the case of a man who is the natural father of the child, the requirements of subsection (1)(b) and (c) are satisfied; | | (d) | in the case of a man who is the adoptive father of the child, the requirements of subsection (2)(c) and (f) are satisfied; and | | (e) | in the case of a man who has been employed outside Singapore or self‑employed outside Singapore, he —| (i) | is resident in Singapore, and is no longer employed outside Singapore or self‑employed outside Singapore (as the case may be), on the day of the mother’s confinement or the eligibility date of the application to adopt the child, as the case may be; and | | (ii) | opts to do either or both of the following:| (A) | use any period during the 12 months immediately before the day of the mother’s confinement or the eligibility date of the application to adopt the child (as the case may be) when he was employed outside Singapore, or was self‑employed outside Singapore, to satisfy the requirement in paragraph (b); | | (B) | use his income during any period mentioned in sub‑paragraph (A) to calculate his total income for the purposes of section 12HA(2). [19/2021] |
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(4B) Section 9A(2A) applies for the purposes of reckoning the number of days under subsection (4A)(b) in which a man has been employed or self‑employed, with the following modifications:| (a) | the reference to the day of a woman’s confinement in section 9A(2A)(a) is a reference to the day of confinement of the mother of the child or the eligibility date of the application to adopt the child, whichever is applicable; | | (b) | every reference in section 9A(2A) to a woman’s employment or self‑employment is a reference to the employment or self‑employment (as the case may be) of the man mentioned in subsection (4A). [19/2021] |
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| (5) The amounts of payment referred to in subsections (3) and (4) are inclusive of any contribution to the Central Provident Fund which an employer, a male employee or a self‑employed man is liable to make under the Central Provident Fund Act 1953. [12/2013] |
| (6) This section and section 12H must not be construed as derogating from any other benefits that a male employee is entitled to, during the period in which he is entitled to paternity leave and to payment for such leave, under the terms of his contract of service or under any written law. [12/2013] |
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| Reimbursement from Government for paternity leave benefits |
12J.—(1) Subject to subsection (2) and any regulations made under section 20, where an employer makes payment to a male employee under section 12H(2), the employer is entitled to claim reimbursement from the Government, for —| (a) | the amount paid to the employee under section 12H(2) for the period of his absence from work under that provision; and | | (b) | any contribution which the employer has made under the Central Provident Fund Act 1953 in respect of such payment which is not recoverable from the employee’s wages. [12/2013] |
(2) The reimbursement an employer is entitled to claim from the Government under subsection (1) in respect of a male employee is an amount that does not exceed —| (a) | $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days, whichever is the lower, of his absence from work under section 12H(1); and | | (b) | a total of $5,000. [33/2016; 19/2021] |
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| (3) Where an employer makes payment to a male employee in relation to whom the requirements of subsection (4) are satisfied, for his absence from work with respect to the delivery or adoption of a child, the Government may reimburse the employer an amount that does not exceed each of the amounts mentioned in subsection (2)(a) and (b). [19/2021] |
(4) For the purposes of subsection (3), the requirements are all of the following:| (a) | in the case of a male employee who is the natural father of the child —| (i) | the requirements of section 12I(1)(b) and (c) are satisfied, but not the requirements of section 12I(1)(d); and | | (ii) | the date of birth of his child is on or after 1 November 2021; |
| | (b) | in the case of a male employee who is the adoptive father of the child —| (i) | the requirements of section 12I(2)(c) and (f) are satisfied, but not the requirements of section 12I(2)(d); and | | (ii) | the eligibility date of the employee’s application to adopt that child is on or after 1 November 2021; |
| | (c) | where section 12I(1)(b)(ii) applies, the male employee’s absence from work commences on or after the date that his child becomes a citizen of Singapore; | | (d) | the male employee’s absence from work occurs within 12 months commencing on the date of birth of the child. [19/2021] |
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| (5) Subsection (4) applies in relation to the natural father of a stillborn child as it applies to the natural father of a child born alive. [19/2021] |
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| Reimbursement of employer by Government for extra paternity leave granted to employee, etc. |
12JA.—(1) This section applies to an employer of a male employee, and in respect of a male employee, who is —| (a) | the natural father of a child born alive, where the mother’s confinement in respect of the child occurs on or after 1 January 2024, or the estimated delivery date for that confinement is on or after that date; or | | (b) | the adoptive father of a child, where the eligibility date of the application to adopt the child is on or after 1 January 2024. |
(2) An employer is entitled to claim reimbursement from the Government in respect of a male employee mentioned in subsection (1) in accordance with this section, if all of the following requirements are satisfied:| (a) | the employee satisfies the requirements of section 12I(1) (in the case of a natural father mentioned in subsection (1)(a)) or section 12I(2) (in the case of an adoptive father mentioned in subsection (1)(b)), and is entitled to absent himself from work on paternity leave and to payment under section 12H(1) and (2) in relation to the child (called in this section the statutory paid paternity leave); | | (b) | the employer grants to the employee, in relation to the child, absence from work that is in excess of the employee’s entitlement to statutory paid paternity leave (called in this section the extra paternity leave); | | (c) | the employee takes the extra paternity leave after the statutory paid paternity leave has been consumed and within 12 months commencing on the date of the child’s birth, for —| (i) | a period not exceeding 2 weeks as agreed with his employer; or | | (ii) | one or more than one period, each being of a duration that is agreed between the employee and his employer, all of which in aggregate are equal in duration to twice the employee’s weekly index or 12 days, whichever is the lower; |
| | (d) | the employer makes payment to the employee for the extra paternity leave taken in accordance with paragraph (c) in the following manner:| (i) | if the employee’s gross rate of pay is $2,500 or less for every period equal in duration to the employee’s weekly index or every 6 days (whichever is the lower) (called the number of reimbursable days per week), the employer pays to the employee his gross rate of pay for every day of the extra paternity leave taken; | | (ii) | if the employee’s gross rate of pay exceeds $2,500 for the number of reimbursable days per week, the employer pays to the employee —| (A) | his gross rate of pay for every day of the extra paternity leave taken; or | | (B) | an amount for every day of the extra paternity leave taken which is at least an amount calculated in accordance with the formula  where P is $2,500 and W is the number of reimbursable days per week. |
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(3) Subject to the limits on the amount of reimbursement mentioned in subsection (4), the reimbursement that the employer is entitled to claim from the Government under subsection (2) in respect of the male employee is —| (a) | the total amount paid by the employer to the employee as mentioned in subsection (2)(d); and | | (b) | any contribution made by the employer under the Central Provident Fund Act 1953 in respect of the payment mentioned in paragraph (a) which is not recoverable from the employee’s wages. |
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(4) For the purposes of subsection (3), the amount of reimbursement that the employer is entitled to claim from the Government must not exceed —| (a) | $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days (whichever is the lower) of the extra paternity leave taken by the male employee in accordance with subsection (2)(c); and | | (b) | a total of $5,000 for the period (if only one), or all the periods, of the extra paternity leave taken by the male employee in accordance with subsection (2)(c) in respect of —| (i) | if the male employee is a natural father — a child born to the male employee, or all the children born to the male employee during a single confinement; or | | (ii) | if the male employee is an adoptive father — a child who is the subject of an application by the male employee for adoption, or for whom the male employee has obtained a dependant’s pass. |
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| (5) In subsections (2) and (4), the weekly index of a male employee must be determined in accordance with Part 1 of the Schedule, read with item 11, 12 or 13 of Part 2 of the Schedule, with the modification that the male employee mentioned in item 11, 12 or 13 (as the case may be) of Part 2 of the Schedule is to be read as the male employee mentioned in subsection (1)(a) or (b), whichever is applicable. |
(6) Despite subsection (2)(a), the Government may reimburse an employer an amount not exceeding the limits mentioned in subsection (4)(a) and (b) in respect of a male employee, in addition to any amount reimbursed by the Government under section 12J(3) in respect of that male employee, if all of the following requirements apply:| (a) | the employee is a natural father or an adoptive father mentioned in subsection (1)(a) or (b), who is not entitled to the statutory paid paternity leave in relation to the child because the employee does not satisfy the requirements of section 12I(1)(d) or (2)(d), as the case may be; | | (b) | despite paragraph (a), the employer makes payment to the employee for his absence from work with respect to the delivery or adoption of the child for any duration corresponding to extra paternity leave (as if the employee had been entitled to statutory paid paternity leave), in addition to the employer’s payment to the employee mentioned in section 12J(3); | | (c) | the requirements of section 12I(1)(b) and (c) (in the case of a natural father mentioned in subsection (1)(a)) or section 12I(2)(c) and (f) (in the case of an adoptive father mentioned in subsection (1)(b)) are satisfied; | | (d) | where section 12I(1)(b)(ii) applies, the employee’s absence from work commences on or after the date that the child becomes a citizen of Singapore; | | (e) | the employee’s absence from work occurs within 12 months commencing on the date of the child’s birth. [Act 32 of 2023 wef 01/01/2024] |
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| 12K. [Repealed by Act 33 of 2016] |
| 12KA. [Repealed by Act 33 of 2016] |
| 12KB. [Repealed by Act 33 of 2016] |
| 12KC. [Repealed by Act 33 of 2016] |
| Payments to include holidays |
| 12L.—(1) To avoid doubt, the payment for any benefit period referred to in sections 12AA, 12AB, 12E and 12H must be paid for every day of the benefit period, including holidays. [12/2013] | (2) This section must not be construed to require an employer to pay an employee an extra day’s salary for a holiday which falls within any benefit period mentioned in subsection (1). [12/2013] |
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| No payment under this Part on certain days for employee on leave of absence without pay |
| 12M.—(1) A female employee is not entitled to any payment under this Part for any day on which the female employee is entitled to be absent from work or receive payment under section 9(1), (1A) or (1B), if that day falls on a day the female employee takes leave of absence without pay granted by the employer at the female employee’s request. [27/2015; 33/2016] (2) An employee is not entitled to take —| (a) | paid adoption leave; | | (b) | paid childcare leave or paid extended childcare leave; | | (c) | paid shared parental leave; or | | (d) | paid paternity leave, |
| under this Part on a day the employee takes leave of absence without pay granted by the employer at the employee’s request. |
[27/2015] |
| (3) This section does not affect the operation of sections 9(6A), 12A(6) and 12HA(5). [19/2021] |
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| Recovery by employer or Government due to defaulting event |
12N.—(1) Where an employer (not being the Government) —| (a) | has, on account of a defaulting event, made any payment under a relevant statutory provision to an employee to which the employee is not entitled; and | | (b) | has not been reimbursed by the Government under a relevant statutory provision for that payment, |
| the employer may recover the payment directly from the employee. |
[19/2021] (2) Where an employer (not being the Government) has made any payment to an employee under a relevant statutory provision in respect of the employee’s adoption of a child and a defaulting event mentioned in paragraph (f) of the definition of “defaulting event” in subsection (9) occurs after the payment has been made, the employer may —| (a) | in a case where the Government has refused to reimburse the employer for that payment — recover that payment directly from the employee; or | | (b) | in a case where the Government has given written notice to the employer of the Government’s intention to recover the whole or any part of the amount reimbursed by the Government to the employer for that payment — recover from the employee any remaining amount of that payment that the Government does not intend to recover. [19/2021] |
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(3) However, if the employer mentioned in subsection (1) fails to recover the whole or any part of the payment from the employee, the Government may reimburse the employer for the whole or any part of that payment if the Government is satisfied that —| (a) | the employer has failed to so recover despite all reasonable efforts; and | | (b) | that payment was not made on account of a defaulting event caused or permitted to be caused by the employer. [19/2021] |
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(4) Where the Government has reimbursed an employer under a relevant statutory provision in respect of any payment made by the employer to the employer’s employee and the employer recovers the payment or any part of it directly from the employee —| (a) | the employer must refund to the Government the amount of the payment or part of it (as the case may be) recovered from the employee within one month after the later of the following dates:| (i) | the date the amount is so recovered; | | (ii) | the date the employer receives the amount reimbursed; and |
| | (b) | if the employer fails to refund the amount recovered to the Government under paragraph (a), the Government may —| (i) | recover the whole or any part of the amount reimbursed from the employer as a civil debt; | | (ii) | deduct the whole or any part of the amount reimbursed from any subsequent reimbursement to be made by the Government under the same or a different relevant statutory provision to the employer in respect of the same employee; or | | (iii) | make a deduction under sub‑paragraph (ii) and recover any amount that remains outstanding after the deduction from the employer as a civil debt. [19/2021] |
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| (5) An employer who contravenes subsection (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. [19/2021] |
(6) Despite anything in section 12B, where any amount has been paid by an employer to an employee under that section, and the Government has refused under section 12C(3) or (4) or 12CA(3) or (4) to reimburse the employer for that amount —| (a) | the employer may recover that amount directly from the employee; and | | (b) | the recovery of that amount by the employer is not to be treated as a contravention of section 12B(9). [19/2021] |
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(7) Where the Government (as an employer or otherwise) has, on account of a defaulting event —| (a) | made any payment under a relevant statutory provision to any employee, self‑employed person or other person (called a relevant payee) to which the relevant payee is not entitled; or | | (b) | reimbursed an employer under a relevant statutory provision for the whole or any part of the payment made by the employer to a relevant payee (then being an employee of that employer), that ought not to have been reimbursed, |
| (c) | recover the whole or any part of the payment from the relevant payee as a civil debt; | | (d) | deduct the whole or any part of the payment from any subsequent payment to be made under the same or a different relevant statutory provision by the Government to the relevant payee; or | | (e) | make a deduction under paragraph (d) and recover any amount that remains outstanding after the deduction from the relevant payee as a civil debt. [19/2021] |
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(8) Where —| (a) | the Government has, on account of a defaulting event caused or permitted to be caused by an employer, reimbursed the employer under a relevant statutory provision for making a payment in respect of an employee, to which the employer is not entitled; and | | (b) | the Government has not recovered, or is unable to recover, in accordance with subsection (7)(c), (d) or (e), the whole or any part of the payment for which the reimbursement under paragraph (a) was made, |
| (c) | recover the whole or any part of the reimbursement under paragraph (a) (except for any amount recovered by the Government under subsection (7)(c), (d) or (e) in relation to that reimbursement) from the employer as a civil debt; | | (d) | deduct the whole or any part of the reimbursement under paragraph (a) (except for any amount recovered by the Government under subsection (7)(c), (d) or (e) in relation to that reimbursement) from any subsequent reimbursement to be made by the Government to the employer —| (i) | under the same or a different relevant statutory provision; and | | (ii) | in respect of the same employee; or |
| | (e) | make a deduction under paragraph (d) and recover any amount that remains outstanding after the deduction from the employer as a civil debt. [19/2021] |
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(9) In this section —“defaulting event”, in relation to any payment or reimbursement, means any of the following:| (a) | an error (however caused); | | (b) | any false or misleading statement, document, or information made or provided by any person; | | (c) | in the case of a payment by an employer to an employee under section 12B in respect of any childcare leave or extended childcare leave — the taking of any such leave in excess of the employee’s entitlement, or despite the lack of the employee’s entitlement, under that section; | | (d) | in the case of a payment by the Government to a person under section 9(5A), 12A(2) or 12HA(2) —| (i) | the entitlement to such payment is disqualified under section 9(6), 12A(5) or 12HA(4), whichever is applicable; or | | (ii) | any absence without pay mentioned in section 9(6A), 12A(6) or 12HA(5) (whichever is applicable) ends before the 12‑month period mentioned in the applicable provision; |
| | (e) | in the case of any reimbursement made by the Government to an employer, or any payment made by the Government (as an employer or otherwise), under a relevant statutory provision in respect of a person’s application to adopt a child, the child whom that person has applied to adopt —| (i) | is not adopted by that person within 12 months commencing on the eligibility date in relation to the application to adopt the child; or | | (ii) | where the child is not a citizen of Singapore by birth, does not become a citizen of Singapore within 6 months commencing on the date the child is adopted by that person; |
| | (f) | in the case of a payment made by an employer to the employer’s employee under a relevant statutory provision in respect of the employee’s application to adopt a child —| (i) | the events referred to in sub‑paragraph (i) or (ii) of paragraph (e) apply in relation to the child; and | | (ii) | the Government has refused the employer’s claim for reimbursement under a relevant statutory provision, or has given written notice to the employer that the Government intends to recover from that employee the whole or any part of the amount reimbursed by the Government to the employer in respect of that employee; |
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| “employee” includes a person alleged to be an employee, even though the person is not so employed. [19/2021] |
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(10) In this section and section 12O, “relevant statutory provision” means any of the following provisions:| (a) | any provision of this Part; | | (b) | section 10A, 12A, 12K, 12KB or 12KC of this Act as in force immediately before 1 January 2017. [19/2021] |
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| Recovery by Government in other circumstances |
12O.—(1) The Government may recover from a woman who delivers a child an amount in accordance with regulations made under section 20 if —| (a) | the Government has paid one or more of the following:| (i) | any amount under section 9(5A) in respect of the woman’s delivery of the child; | | (ii) | any reimbursement claimed by the woman’s employer under section 10 (whether or not pursuant to an exemption under section 22) for any amount paid to the woman in respect of her delivery of the child; | | (iii) | where the woman has made an election under section 12E(5) for the natural father or adoptive father of the child to take shared parental leave or claim lost income in respect of the child —| (A) | any reimbursement claimed by the father’s employer under section 12G (whether or not pursuant to an exemption under section 22) for any amount paid to the father under section 12E(2) for shared parental leave taken in respect of the child; or | | (B) | any amount of lost income claimed by the father under section 12E(3) (whether or not pursuant to an exemption under section 22) for ceasing to be actively engaged in his trade, business, profession or vocation in respect of the child; and |
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| | (b) | either of the following applies:| (i) | the total period of absence from work under section 9(1), (1A) or (1B) or section 12E(2), the cessation of active engagement in trade, business, profession or vocation under section 12E(3) and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —| (A) | 56 days, if the woman’s confinement during which the child is delivered is the woman’s first or second specified event; or | | (B) | 112 days, if the woman’s confinement during which the child is delivered is the woman’s third or subsequent specified event; [Act 32 of 2023 wef 01/01/2024] |
| | (ii) | the total amount paid by the Government under paragraph (a) exceeds —| (A) | the amount mentioned in section 9(5A)(a), if the woman’s confinement during which the child is delivered is the woman’s first or second specified event; or | | (B) | the amount mentioned in section 9(5A)(b), if the woman’s confinement during which the child is delivered is the woman’s third or subsequent specified event. [19/2021] |
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(2) The Government may recover from a woman an amount in accordance with regulations made under section 20 if, in relation to the woman’s adoption of a child —| (a) | the Government has paid one or more of the following:| (i) | any amount under section 12A(2) in respect of the woman’s adoption of the child; | | (ii) | any reimbursement claimed by the woman’s employer under section 12AD (whether or not pursuant to an exemption under section 22) for any amount paid to the woman in respect of her adoption of the child; | | (iii) | where the woman has made an election under section 12E(5) for the adoptive father of the child to take shared parental leave or claim lost income in respect of the child —| (A) | any reimbursement claimed by the father’s employer under section 12G (whether or not pursuant to an exemption under section 22) for any amount paid to the father under section 12E(2) for shared parental leave taken in respect of the child; or | | (B) | any amount of lost income claimed by the father under section 12E(3) (whether or not pursuant to an exemption under section 22) for ceasing to be actively engaged in his trade, business, profession or vocation in respect of the child; and |
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| | (b) | either of the following applies:| (i) | the total period of absence from work under section 12AA(1) or section 12E(2), the cessation of active engagement in trade, business, profession or vocation under section 12E(3) and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —| (A) | 56 days, if the woman’s adoption of the child is the woman’s first or second specified event; or | | (B) | 84 days, if the woman’s adoption of the child is the woman’s third or subsequent specified event; [Act 32 of 2023 wef 01/01/2024] |
| | (ii) | the total amount paid by the Government under paragraph (a) exceeds —| (A) | the amount mentioned in section 12A(2)(a), if the woman’s adoption of the child is the woman’s first or second specified event; or | | (B) | the amount mentioned in section 12A(2)(b), if the woman’s adoption of the child is the woman’s third or subsequent specified event. [19/2021] |
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(3) The Government may recover from a man an amount in accordance with regulations made under section 20 if, in relation to the delivery or adoption of a child —| (a) | the Government has paid one or more of the following:| (i) | any amount under section 12HA(2) in respect of the delivery or adoption of a child, whichever is applicable; | | (ii) | any reimbursement claimed by the man’s employer under section 12J or 12JA (whether or not pursuant to an exemption under section 22) for any amount paid to the man in respect of the delivery of the child or the adoption of the child, as the case may be; and [Act 32 of 2023 wef 01/01/2024] |
| | (b) | either of the following applies:| (i) | the total period of absence from work under section 12H(1), and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —| (A) | if section 12HA(2)(a) applies — 14 days; or | | (B) | if section 12HA(2)(b) applies — 28 days; [Act 32 of 2023 wef 01/01/2024] |
| | (ii) | the total amount paid by the Government under paragraph (a) exceeds the amount mentioned in section 12HA(2)(a) or (b), as the case may be. [19/2021] [Act 32 of 2023 wef 01/01/2024] |
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| (4) For the purposes of subsections (1), (2) and (3), the Government may recover the amount concerned from the woman or man (as the case may be) as a civil debt or by deducting the amount concerned from any subsequent payment made by the Government to the woman or man concerned (as the case may be) under any relevant statutory provision. [19/2021] |
(5) In this section, “extra absence period” means —| (a) | in the case of subsection (1)(b)(i) in relation to a woman whose employer has claimed reimbursement from the Government under section 10(2A) — the period of the woman’s absence from work granted by the employer that was the subject of the reimbursement; | | (b) | in the case of subsection (2)(b)(i) in relation to a woman whose employer has claimed reimbursement from the Government under section 12AD(3) — the period of the woman’s absence from work granted by the employer that was the subject of the reimbursement; or | | (c) | in the case of subsection (3)(b)(i) in relation to a man whose employer has claimed reimbursement from the Government under section 12J(3) or 12JA(6), or under both provisions — the period of the man’s absence from work granted by the employer that was the subject of the reimbursement. [Act 32 of 2023 wef 01/01/2024] |
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| Exclusion of certain classes of persons |
13. This Part or any provision of this Part does not apply to —| (a) | any class of employees; | | (b) | any class of self-employed persons; or | | (c) | any class of employers, |
| that the Minister may, by notification in the Gazette, specify. |
[28/2008; 12/2013] |
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