12. The principal Act is amended by inserting, immediately after section 12A, the following sections:“Childcare leave and benefits for parent of qualifying child |
12B.—(1) Subject to subsections (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 the age of 7 years, and who is, or who becomes, a qualifying child, at any time during any relevant period, |
the employee shall be entitled to childcare leave for that relevant period of — |
(i) | 2 days, if he serves his employer for a period of less than 5 months during that relevant period; | (ii) | 3 days, if he serves his employer for a period of not less than 5 months but less than 7 months during that relevant period; | (iii) | 4 days, if he serves his employer for a period of not less than 7 months but less than 9 months during that relevant period; | (iv) | 5 days, if he serves his employer for a period of not less than 9 months but less than 11 months during that relevant period; and | (v) | 6 days, if he serves his employer for not less than 11 months during that relevant period. |
(2) An employee —(a) | shall not be entitled to more than 42 days of childcare leave in respect of any qualifying child; | (b) | shall —(i) | take his first entitlement of childcare leave for a relevant period in that relevant period or the next succeeding relevant period; and | (ii) | thereafter, take his next and each subsequent entitlement of childcare leave for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively; and |
| (c) | shall not be entitled to more than 3 days of childcare leave (whether taken under section 87A of the Employment Act (Cap. 91) or under this section) during the period beginning on 17th August 2008 and ending on 31st December 2008. |
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(3) Where any employee who has taken any childcare leave under section 87A of the Employment Act subsequently become entitled to childcare leave under this section —(a) | the childcare leave taken under section 87A of the Employment Act shall be treated, for the purposes of this Act, as childcare leave taken under this section; and | (b) | a payment made by his employer to him under section 87A(5) of the Employment Act shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9). |
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(4) Notwithstanding anything in section 87A of the Employment Act, when an employee becomes entitled to childcare leave under this section —(a) | he shall not be entitled to childcare leave under section 87A of that Act, or to payment from his employer under section 87A(5) of that Act, for so long as he is entitled to childcare leave under this section; and | (b) | if, at that time, he has not received any payment from his employer under section 87A(5) of that Act in respect of any childcare leave already taken by him under section 87A of that Act, he shall be entitled to payment from his employer under subsection (9) in respect of the childcare leave so taken by him. |
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(5) Notwithstanding anything in section 87A of the Employment Act, when an employee ceases to be entitled to childcare leave under this section, but has any child below the age of 7 years at any time during any relevant period, his entitlement, if any, to childcare leave under section 87A of that Act shall be affected in the following manner:(a) | he shall be entitled to 2 days of childcare leave under section 87A of that Act for that relevant period, if he had not taken any childcare leave under this section during that relevant period; | (b) | he shall be entitled to one day of childcare leave under section 87A of that Act for that relevant period, if he had taken one day of childcare leave under this section during that relevant period; and | (c) | he shall not be entitled to any childcare leave under section 87A of that Act for that relevant period, if he had taken 2 or more days of childcare leave under this section during that relevant period. |
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(6) Where —(a) | an employee satisfies the requirements under subsection (1)(a) and (b); | (b) | between 17th August 2008 and 30th October 2008 (both dates inclusive), his employer has granted him, and he has taken, any leave of absence for childcare purposes (not being childcare leave under section 87A of the Employment Act, adoption leave under section 12A, unpaid infant care leave under section 12D or any other leave of absence to which he is entitled under any written law) in accordance with this section; and | (c) | he has received payment from his employer at his gross rate of pay for the period of such leave of absence for childcare purposes, |
(i) | such leave of absence for childcare purposes shall be treated, for the purposes of this Act, as childcare leave under this section; and | (ii) | the payment referred to in paragraph (c) shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9). |
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(7) The childcare leave shall be in addition to —(a) | the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 42, 43 and 44, respectively, of the Employment Act; and | (b) | any unpaid infant care leave to which an employee may be entitled under section 12D. |
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(8) Subject to subsection (2)(b), an employer shall grant, and an employee who is entitled to childcare leave shall take, the entitlement of childcare 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) | shall thereupon cease to be entitled to that leave; and | (b) | shall not be entitled to any payment in lieu thereof. |
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(9) Subject to subsection (10), an employer shall pay an employee who is entitled to childcare leave his gross rate of pay for every day of such leave that is taken by the employee. |
(10) Where an employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from his employer under subsection (9) shall 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. |
(11) If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has taken the entitlement of childcare leave for a relevant period, the employee —(a) | shall cease to be entitled to that leave upon the termination of his employment; and | (b) | shall not be entitled to any payment in lieu thereof. |
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(12) Any employer who contravenes subsection (9) 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. |
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(13) Where an employer has been convicted of an offence under subsection (12), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12C which have not been paid to an employee in accordance with this section. |
(14) 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 —(a) | to a fine not exceeding $5,000; and | (b) | for a subsequent offence, to a fine not exceeding $10,000. |
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(15) Subject to subsections (4) and (5), nothing in this section shall be construed as derogating from any other benefits that an employee is entitled to, during any period of childcare leave taken by him, under the terms of his contract of service or under any written law. |
(16) Subject to subsections (17), (18) and (19) and any regulations made under section 20, where on or after 17th August 2008 any self-employed person —(a) | has been carrying on his trade, business, profession or vocation for a continuous period of not less than 3 months; | (b) | has any child who is below the age of 7 years, and who is, or who becomes, a qualifying child, at any time during any calendar year; | (c) | ceases to be actively engaged in his 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 his trade, business, profession or vocation, |
he shall be entitled to claim from the Government the income he would otherwise have derived from his trade, business, profession or vocation for — |
(i) | one day, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 4 days during that calendar year; | (ii) | 2 days, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 5 days during that calendar year; and | (iii) | 3 days, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 6 or more days during that calendar year. |
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(17) No self-employed woman shall be 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), (4A), (4B) or (4C) or 10A(4). |
(18) A self-employed person shall not be entitled to claim from the Government under subsection (16) —(a) | more than 21 days of income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or | (b) | any income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes during any period occurring before 17th August 2008. |
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(19) The amount of payment a self-employed person is entitled to claim from the Government under subsection (16) shall not exceed $500 for each day of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes. |
(20) The amounts of payment referred to in subsections (10) and (19) shall be 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 (Cap. 36). |
(21) In this section and sections 11 and 12C —“child”, in relation to an employee or a self-employed person, includes any adopted child or step-child of the employee or self-employed person; |
“qualifying child” means a child —(a) | who is a citizen of Singapore; and | (b) | who satisfies either of the following requirements:(i) | if he is not an adopted child, his parents (as identified in the registration of his birth) are lawfully married to each other, or were lawfully married to each other when or at any time after he was conceived; or | (ii) | if he is an adopted child, his adoptive parent was married, widowed or divorced when the adoptive parent adopted him; |
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“relevant period”, in relation to an employee, means —(a) | any period of 12 months as is agreed to by the employee and his employer; or | (b) | where there is no such agreement, a calendar year. |
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Reimbursement from Government for childcare leave |
12C.—(1) Subject to subsections (2), (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 shall be 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. |
(2) Subject to subsections (3) and (4), the amount of reimbursement which an employer shall be entitled to claim from the Government under subsection (1) in respect of an employee —(a) | shall not exceed $500 for each day of childcare leave taken by the employee; and | (b) | shall not exceed $1,500 in any calendar year. |
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(3) Notwithstanding 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 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 by the employee in that calendar year. |
(4) Notwithstanding 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. |
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Unpaid infant care leave for parent of qualifying child |
12D.—(1) Subject to subsection (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 the age of 2 years, and who is, or who becomes, a qualifying child, at any time during any relevant period, |
the employee shall be entitled to unpaid infant care leave of 6 days for that relevant period. |
(2) An employee —(a) | shall not be entitled to more than 12 days of unpaid infant care leave in respect of any qualifying child; and | (b) | shall —(i) | take his first entitlement of unpaid infant care leave of 6 days for a relevant period in that relevant period or the next succeeding relevant period; and | (ii) | thereafter, take his next and each subsequent entitlement of unpaid infant care leave of 6 days for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively. |
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(3) Where —(a) | an employee satisfies the requirements under subsection (1)(a) and (b); and | (b) | between 17th August 2008 and 30th October 2008 (both dates inclusive), his employer has granted him at his request, and he has taken, any leave of absence without pay, in accordance with this section, for the purposes of caring for his child (being a child referred to in subsection (1)(b)), |
then such leave of absence shall be treated, for the purposes of this Act, as unpaid infant care leave under this section. |
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(4) The unpaid infant care leave shall be in addition to —(a) | the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 42, 43 and 44, respectively, of the Employment Act (Cap. 91); and | (b) | any childcare leave to which an employee may be entitled under section 87A of the Employment Act or under section 12B. |
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(5) Subject to subsection (2)(b), an employer shall grant, and an employee who is entitled to unpaid infant care leave shall 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) | shall thereupon cease to be entitled to that leave; and | (b) | shall not be entitled to any payment in lieu thereof. |
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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 contract of service, or for any other reason) before he has taken the entitlement of unpaid infant care leave for a relevant period, the employee —(a) | shall cease to be entitled to that leave upon the termination of his employment; and | (b) | shall not be entitled to any payment in lieu thereof. |
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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; and | (b) | for a subsequent offence, to a fine not exceeding $10,000. |
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(8) Nothing in this section shall 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, under the terms of his contract of service or under any written law. |
(9) Notwithstanding anything to the contrary in the Employment Act, a period of unpaid infant care leave taken by an employee under this section shall count towards the length of the employee’s service for the purposes of that Act. |
(10) In this section —“child”, in relation to an employee, includes any adopted child or step-child of the employee; |
“qualifying child” means a child —(a) | who is a citizen of Singapore; and | (b) | who satisfies either of the following requirements:(i) | if he is not an adopted child, his parents (as identified in the registration of his birth) are lawfully married to each other, or were lawfully married to each other when or at any time after he was conceived; or | (ii) | if he is an adopted child, his adoptive parent was married, widowed or divorced when the adoptive parent adopted him; |
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“relevant period”, in relation to an employee, means —(a) | any period of 12 months as is agreed to by the employee and his employer; or | (b) | where there is no such agreement, a calendar year.”. |
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