Employment Act 1968 - Singapore Statutes Online

Childcare leave for parent

87A.—(1) Subject to subsection (2), where any employee —

(a)	has served an employer for a period of not less than 3 months; and
(b)	has any child below 7 years of age at any time during any relevant period,

the employee is entitled to childcare leave of 2 days for that relevant period.

(2) An employee —

(a)

is not entitled to more than 14 days of childcare leave in respect of any child; and

(b)

must —

(i)	take his or her first entitlement of childcare leave of 2 days for a relevant period in that relevant period or the next succeeding relevant period; and
(ii)	then take his or her next and each subsequent entitlement of childcare leave of 2 days for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively.

(3) The childcare leave is in addition to the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively.

[55/2018]

(4) An employer must grant, and an employee who is entitled to childcare leave must take, the entitlement of childcare leave of 2 days 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 thereof.

(5) An employer must pay an employee who is entitled to childcare leave his or her gross rate of pay for every day of such leave that is taken by the employee.

(5A) Despite subsection (5), an employee is not entitled to take paid childcare leave on a day the employee takes no-pay leave.

[27/2015]

(6) If the employment of an employee who is entitled to childcare 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 childcare leave of 2 days for a relevant period, the employee —

(a)	ceases to be entitled to that leave upon the termination of his or her employment; and
(b)	is not entitled to any payment in lieu thereof.

(7) Any employer who contravenes subsection (5) 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]

(7A) Any employer who fails, without reasonable cause, to grant childcare leave to an employee who is entitled to and requests for the 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]

(7B) Where an employer who is convicted or found guilty of an offence under subsection (7) or (7A) is a repeat offender, that 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]

(7C) For the purposes of subsection (7B), a person is a repeat offender in relation to an offence under subsection (7) or (7A) if the person who is convicted or found guilty of an offence under subsection (7) or (7A) (called the current offence) has been convicted or found guilty of —

(a)	an offence under subsection (7) or (7A);
(b)	an offence under section 12B(12) or (14) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013; or
(c)	an offence under section 12B(13) of the Child Development Co‑Savings Act 2001,

on at least one other occasion on or after 1 May 2013 and before the date on which that person is convicted or found guilty of the current offence.

[12/2013]

(8) In this section —

“child”, in relation to an employee, includes —

(a)	any adopted child and 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 an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act;

“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. [30/2019]

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