6. In the principal Act, after section 12D, insert —“Shared parental leave or claim for lost income for parents of April 2025 Scheme child |
12DA.—(1) This section applies to, and in relation to, a parent of an April 2025 Scheme child who —(a) | is the natural mother or father of the child, or the adoptive mother or father of the child; and | (b) | is an employee or a self‑employed person who is eligible for any of the following entitlements in respect of the child:(i) | any paid maternity leave or claim for lost income under section 9; | (ii) | any paid adoption leave under section 12AA or claim for lost income under section 12AB; | (iii) | any paid paternity leave or claim for lost income under section 12H. |
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(2) Subject to this section and any regulations made under section 20, a parent of an April 2025 Scheme child who is an employee is entitled —(a) | to absent herself or himself from work on shared parental leave to be taken in any of the following manner, where N is determined in accordance with a valid arrangement under section 12DD:(i) | one period equal in duration to N whole weeks, where the period must be taken within 26 weeks (or any other period prescribed in substitution) commencing on the date of the child’s birth; | (ii) | one or more than one period, where —(A) | the duration of each period is agreed between the employee and employer; | (B) | the duration of the period (if only one), or the aggregate duration of all the periods (if more than one), is equal to N times the employee’s weekly index or N times 6 days, whichever is the lower; and | (C) | the period or all the periods (as the case may be) must be taken within 12 months (or any other period prescribed in substitution) commencing on the date of the child’s birth; and |
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| (b) | to receive from the parent’s employer, the parent’s gross rate of pay for each day of shared parental leave under paragraph (a) that is taken by the parent subject to the payment limits mentioned in section 12DB(1). |
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(3) The employee mentioned in subsection (2) must —(a) | give to her or his employer a notice of at least the prescribed period (or any shorter period agreed between the employee and employer) before absenting herself or himself from work under subsection (2)(a)(i), unless the employee is prevented by any sufficient cause from doing so; and | (b) | specify in the notice given under paragraph (a) the date on which the employee intends to commence absenting herself or himself from work under subsection (2)(a)(i). |
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(4) Where the employment of the parent of an April 2025 Scheme child is terminated (whether by resignation or dismissal, upon the completion of the parent’s contract of service, or for any other reason) before the parent has consumed the whole or any part of the parent’s entitlement to shared parental leave, then unless the parent reallocates her or his unconsumed entitlement to shared parental leave in accordance with the Second Schedule, the parent forfeits the following upon the termination of the parent’s employment:(a) | the entitlement (or the balance of that entitlement) to absent herself or himself from work on shared parental leave; | (b) | the entitlement to receive payment from the parent’s employer at the parent’s gross rate of pay in respect of the forfeited period of absence from work under paragraph (a). |
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(5) The forfeiture under this Act (in whole or in part) of any entitlement mentioned in subsection (1)(b) does not disqualify the parent from reallocating her or his unconsumed entitlement to shared parental leave in accordance with the Second Schedule. |
(6) Subject to this section and any regulations made under section 20, a parent of an April 2025 Scheme child who —(a) | is a self‑employed person; and | (b) | loses income by reason of the parent’s cessation of active engagement in the parent’s trade, business, profession or vocation, |
is entitled to claim from the Government the parent’s lost income subject to the payment limits mentioned in section 12DB(2), in respect of one period, or more than one period, of the cessation of active engagement in the parent’s trade, business, profession or vocation, where — |
(c) | the duration of the period (if only one) or the aggregate duration of all the periods (if more than one) is equal to N times the self‑employed person’s weekly index or N times 6 days (whichever is the lower), where N is determined in accordance with a valid arrangement under section 12DD; and | (d) | the period or all the periods (as the case may be) must occur within 12 months (or any other period prescribed in substitution) commencing on the date of the child’s birth. |
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(7) Where the parent mentioned in subsection (2) or (6) is an adoptive parent of the child, any period in respect of shared parental leave or of cessation of active engagement in trade, business, profession or vocation (as the case may be) must commence on or after the eligibility date of the application to adopt the child. |
(8) Any period of entitlement of a parent of an April 2025 Scheme child under subsection (2) or (6) ceases on the day immediately after the date of the child’s death. |
(9) To avoid doubt, the entitlement of a natural parent under subsection (2) or (6) applies only once for each confinement of the child’s mother, regardless of the number of children born during that confinement. |
(10) Any employer who fails, without reasonable cause, to grant shared parental leave under this section to a parent who is entitled to, and requests for, that 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. |
(11) Any employer who fails to pay a parent in accordance with this section and section 12DB 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) 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 12DB which have not been paid to an employee in accordance with this section and section 12DB. |
(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. |
(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. |
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Payments and reimbursements for shared parental leave or lost income |
12DB.—(1) Subject to any regulations made under section 20, the payment that an employee is entitled to receive from an employer under section 12DA(2)(b) in respect of any period of absence from work on shared parental leave under section 12DA(2)(a) (called in this subsection the claimable absence period) is an amount that does not exceed —(a) | $2,500 for every period equal in duration to the employee’s weekly index or every 6 days (whichever is the lower) of the claimable absence period; and | (b) | a total of N times $2,500, where N is determined in accordance with a valid arrangement under section 12DD that applies in relation to the claimable absence period. |
(2) Subject to any regulations made under section 20, the payment that a self‑employed person is entitled to receive from the Government for any period of cessation of active engagement in her or his trade, business, profession or vocation mentioned in section 12DA(6) (called in this subsection the claimable cessation period) is an amount that does not exceed —(a) | $2,500 for every period equal in duration to the self‑employed person’s weekly index or every 6 days (whichever is the lower) of the claimable cessation period; and | (b) | a total of N times $2,500, where N is determined in accordance with a valid arrangement under section 12DD that applies in relation to the claimable cessation period. |
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(3) The amounts of payment mentioned in subsections (1) and (2) are inclusive of any contribution to the Central Provident Fund which an employer, a platform operator, an employee or a self‑employed person is liable to make under the Central Provident Fund Act 1953. |
(4) Subject to subsection (5) and any regulations made under section 20, where an employer makes payment to an employee under section 12DA(2)(b) for one or more than one period of absence from work, the employer is entitled to claim reimbursement from the Government for —(a) | the amount paid to the employee under section 12DA(2)(b); 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. |
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(5) The reimbursement that an employer is entitled to claim from the Government under subsection (4) in respect of an employee is an amount that does not exceed —(a) | $2,500 for every period equal in duration to the employee’s weekly index or every 6 days (whichever is the lower) of the employee’s absence from work under section 12DA(2)(a) that is the subject of the claim; and | (b) | a total of N times $2,500, where N is determined in accordance with a valid arrangement under section 12DD that applies when the employer’s claim is determined in accordance with regulations made under section 20. |
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(6) Where an employer makes payment equivalent to a payment under subsection (1) to an employee in circumstances where the requirements of subsection (7) are satisfied, the Government may reimburse the employer an amount that does not exceed each of the amounts mentioned in subsection (5)(a) and (b), where N is determined in accordance with the employee’s equivalent arrangement mentioned in subsection (7)(b). |
(7) For the purposes of subsection (6), the requirements are all of the following:(a) | the employee is a natural parent or an adoptive parent of an April 2025 Scheme child who would have been eligible for any of the entitlements mentioned in section 12DA(1)(b) and for the entitlement to shared parental leave under section 12DA(2), but for the parent not having served the employer for a period of at least 3 months preceding the date of the child’s birth or the eligibility date of the application to adopt the child, as the case may be; | (b) | despite the employee not being entitled to paid shared parental leave under section 12DA(2), the employer had voluntarily granted the employee paid leave in accordance with an equivalent arrangement as if the employee were so entitled; | (c) | the employee’s absence from work occurs within 12 months (or any other period prescribed in substitution) commencing on the date of the child’s birth; | (d) | where the employee is a natural parent of the April 2025 Scheme child and the child becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth — the employee’s absence from work commences on or after the date that the child becomes a citizen of Singapore; | (e) | where the employee is an adoptive parent of the April 2025 Scheme child — the employee’s absence from work commences on or after the eligibility date of the application to adopt the child. |
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(8) For the purposes of subsection (7)(b), an arrangement is an equivalent arrangement if —(a) | it is an arrangement between 2 parents who are both employees as described in subsection (7)(a) (whether or not employed by the same employer) that meets all of the requirements of section 12DD(1)(a) to (e), as if both of them were entitled to shared parental leave under section 12DA(2); | (b) | it is an arrangement under section 12DD(2); or | (c) | it is an arrangement solely for the employee that meets all of the requirements of section 12DD(4)(a) to (e), as if the employee were entitled to shared parental leave under section 12DA(2). |
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(9) To avoid doubt, subsection (8) does not apply to any employee to whom a valid arrangement under section 12DD(1) or (4) applies or could apply. |
(10) This section and section 12DA must not be construed as derogating from any other benefits that an employee is entitled to, during the period in which the employee is entitled to shared parental leave and to payment for such leave, under the terms of the employee’s contract of service or under any written law. |
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Shared parental benefits for parents of April 2025 Scheme child |
12DC.—(1) This section applies to a parent (called in this section an eligible parent) of an April 2025 Scheme child who —(a) | is the natural mother or father of the child, or the adoptive mother or father of the child; and | (b) | is eligible for the entitlement to payment from the Government under section 9(5A), 12A(2) or 12HA(2) (whichever is applicable) in respect of the child. |
(2) An eligible parent is entitled to claim from the Government an amount equivalent to a number of days of the eligible parent’s total income, where —(a) | the total income is for any prescribed period before the birth of the child or the eligibility date of the application to adopt the child, whichever is applicable; and | (b) | the number of days is calculated in accordance with the formula N × 7, where N is determined in accordance with a valid arrangement under section 12DD. |
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(3) To avoid doubt, the entitlement of the eligible parent under subsection (2) applies only once for each confinement of the child’s mother, regardless of the number of children born during that confinement. |
(4) The eligible parent’s entitlement under subsection (2) is subject to the following:(a) | the amount claimable for every period of 7 days does not exceed $2,500; | (b) | the amount claimable is to be reduced in accordance with any regulations made under section 20, if any of the following conditions applies to the parent:(i) | the parent’s employer —(A) | has paid or is required to pay the parent any amount in respect of the birth of the child or adoption of the child, as the case may be; and | (B) | is entitled to claim, or has claimed, reimbursement from the Government under section 12DB for the payment mentioned in sub‑paragraph (A) (whether or not pursuant to an exemption under section 22); |
| (ii) | the parent’s employment is terminated upon completion of the parent’s contract of service, and the parent failed to exercise any part of her or his entitlement under this Act to be absent from work before the date of completion of the parent’s contract. |
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(5) Except as provided in subsections (6) and (7), the eligible parent is not entitled to claim any payment from the Government under subsection (2), if —(a) | the parent is also an employee who is entitled to absent herself or himself from work and to receive payment from the parent’s employer under section 12DA(2), in respect of the same birth or adoption of the child (as the case may be), regardless of whether the parent has forfeited the whole or part of the parent’s entitlement to absent herself or himself from work and to receive payment from the parent’s employer under section 12DA(2); | (b) | the parent is also a self‑employed person who is entitled to claim from the Government the parent’s lost income under section 12DA(6), in respect of the same birth or adoption of the child, as the case may be; or | (c) | the claim is submitted by the parent after the date of the child’s death. |
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(6) Subsection (5) and section 12M do not disqualify the eligible parent from claiming payment from the Government under subsection (2) in respect of any period when the parent is on leave of absence without pay granted by the parent’s employer at the parent’s request, if the leave is for a continuous period ending at least 12 months (or any other period prescribed in substitution) after the date of the child’s birth. |
(7) Subsection (5) and section 12DA(4) and (5) do not disqualify the eligible parent from claiming payment from the Government under subsection (2) if the parent would have been entitled to absent herself or himself from work and to receive payment from the parent’s employer under section 12DA(2), had the parent’s employment not been terminated by reason of one of the following:(a) | upon the completion of the parent’s contract of service; | (b) | on the ground of redundancy or by reason of any reorganisation of the profession, business, trade or work of the parent’s employer. |
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(8) Section 9(7) and (8) applies to the meaning of the total income of an eligible parent 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 parent’s employment or self‑employment, or both. |
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(9) The amount of payment mentioned in subsection (4)(a) is inclusive of any contribution to the Central Provident Fund which an employer, a platform operator, an employee or a self‑employed person is liable to make under the Central Provident Fund Act 1953. |
(10) Nothing in this section affects any other benefits that an employee is entitled to, in respect of the birth or adoption of the child (as the case may be), under the terms of the employee’s contract of service or under any written law. |
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Valid arrangements for shared parental leave, lost income and benefits in relation to April 2025 Scheme child |
12DD.—(1) Where both parents (called in this section P1 and P2) of an April 2025 Scheme child are eligible for any entitlement to shared parental leave under section 12DA(2), a claim for lost income under section 12DA(6) or a claim for payment from the Government under section 12DC(2), a valid arrangement for P1 and P2 (called in this section a sharing arrangement) for the purposes of any of those provisions must meet all of the following requirements:(a) | the number of units, N, allocated to the total period of the entitlement of each of P1 and P2 (called in this subsection NP1 and NP2) must not in the aggregate exceed the maximum number of units prescribed in the Second Schedule (called in this section M); | (b) | each of NP1 and NP2 allocated to a parent in a sharing arrangement is calculated in accordance with the formula unless that allocation is varied in accordance with the Second Schedule; | (c) | NP1 and NP2, whether or not varied from time to time, must be specified in a sharing arrangement notified to a Director and (if applicable) any employer of P1 or P2; | (d) | each of NP1 and NP2 must be a whole number, regardless of whether the entitlement in section 12DA(2) or (6) or 12DC(2) is expressed by reference to a number of whole weeks, a weekly index or a number of days; | (e) | all the other matters specified in the Second Schedule are satisfied. |
(2) Despite subsection (1), where —(a) | P1 is eligible for any entitlement under section 12DA(2) or (6) or 12DC(2), and P2 would have been eligible for the entitlement to shared parental leave under section 12DA(2) but for P2 not having served the employer for a period of at least 3 months preceding the date of the child’s birth or the eligibility date of the application to adopt the child, as the case may be; and | (b) | P1 and P2 have an arrangement that meets all of the requirements of subsection (1)(a) to (e), as if P2 were entitled to shared parental leave, |
then the following apply: |
(c) | that arrangement is treated as a valid sharing arrangement for the purposes of P1’s entitlement under section 12DA(2) or (6) or 12DC(2), and any payment or reimbursement under section 12DA, 12DB or 12DC in relation to P1’s entitlement; | (d) | despite that arrangement not being a valid sharing arrangement for P2, P2’s employer may —(i) | grant P2 paid leave in accordance with that arrangement as if P2 were entitled to shared parental leave; and | (ii) | make a claim under section 12DB(6) on the basis of that arrangement. |
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(3) Subsection (4) applies where —(a) | only one parent of an April 2025 Scheme child (called in this section the sole parent) is eligible for any entitlement to shared parental leave under section 12DA(2), a claim for lost income under section 12DA(6) or a claim for payment from the Government under section 12DC(2); and | (b) | there is no arrangement under subsection (2). |
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(4) A valid arrangement for a sole parent (called in this subsection an individual arrangement) for the purposes of section 12DA(2) or (6) or 12DC(2) must meet all of the following requirements:(a) | the number of units, N, allocated to the total period of the entitlement of the sole parent (called in this subsection NSP) must not exceed M; | (b) | the allocation of NSP in the individual arrangement may only be varied in accordance with the Second Schedule; | (c) | NSP, whether or not varied from time to time, must be specified in an individual arrangement notified to a Director and (if applicable) any employer of the sole parent; | (d) | NSP must be a whole number, regardless of whether the entitlement in section 12DA(2) or (6) or 12DC(2) is expressed by reference to a number of whole weeks, a weekly index or a number of days; | (e) | all the other matters specified in the Second Schedule are satisfied. |
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(5) In this section, “total period”, in relation to any entitlement under section 12DA(2) or (6) or 12DC(2), means the total period of the entitlement whether expressed as one period or the aggregate duration of several periods.”. |
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