REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 36]Friday, October 1 [2004

The following Act was passed by Parliament on 21st September 2004 and assented to by the President on 27th September 2004:—
Children Development Co-Savings (Amendment) Act 2004

(No. 42 of 2004)


I assent.

S R NATHAN,
President.
27th September 2004.
Date of Commencement: 1st October 2004
An Act to amend the Children Development Co-Savings Act (Chapter 38A of the 2002 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Children Development Co-Savings (Amendment) Act 2004 and shall come into operation on 1st October 2004.
Amendment of section 2
2.  Section 2 of the Children Development Co-Savings Act (referred to in this Act as the principal Act) is amended —
(a)by deleting the words “included in a category, class or description of such officers or employees declared by the Minister to be employees for the purposes of this Act” in the definition of “employee”;
(b)by deleting paragraph (a) of the definition of “employer” and substituting the following paragraph:
(a)the Government;”; and
(c)by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
(2)  For the purpose of determining whether a confinement referred to in Part III or section 22 (referred to in this section as the relevant confinement) is the first, second, third or fourth confinement of a woman, any previous confinement shall be disregarded if, at the time of the relevant confinement, there is no living child from the previous confinement.”.
Deletion and substitution of heading to Part III
3.  The heading to Part III of the principal Act is deleted and the following heading substituted therefor:
MATERNITY PROTECTION AND BENEFITS AND ADOPTION LEAVE”.
Repeal and re-enactment of section 9 and new section 9A
4.  Section 9 of the principal Act is repealed and the following sections substituted therefor:
Length of benefit period, etc.
9.—(1)  Subject to subsections (2) and (3), section 9A and any regulations made under section 20, every female employee who satisfies the requirements of section 9A(1) shall be entitled to absent herself from work —
(a)during —
(i)the period of 4 weeks immediately before her confinement; and
(ii)the period of 8 weeks immediately after her confinement;
(b)during a period of 12 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 further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 6 months commencing on the day of her confinement,
and for such period (referred to in this Act as the benefit period), she shall be entitled to receive payment from her employer at her gross rate of pay.
(2)  Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be 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.
(3)  Where the employment of a female employee is terminated (whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in subsection (1)(c)(ii), she shall forfeit that entitlement (or the balance thereof) upon the termination of her employment.
(4)  Subject to subsection (5), section 9A and any regulations made under section 20, every self-employed woman who satisfies the requirements of section 9A(1) and who ceases to be actively engaged in her trade, business, profession or vocation —
(a)during —
(i)the period of 4 weeks immediately before her confinement; and
(ii)the period of 8 weeks immediately after her confinement;
(b)during a period of 12 weeks 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 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 further periods, not exceeding 24 days in the aggregate, which shall be within the period of 6 months commencing on the day of her confinement,
and who has lost any income by reason of her ceasing to be actively engaged in such trade, business, profession or vocation, shall be entitled to claim from the Government the income she would otherwise have derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during such period referred to in subsection (5) as may be applicable.
(5)  A self-employed woman shall be entitled to payment from the Government under subsection (4) —
(a)in respect of her first or second confinement, for such period of her cessation of active engagement in her trade, business, profession or vocation which is after the first 8 weeks of such cessation; and
(b)in respect of her third or fourth confinement, for the whole period of her cessation of active engagement in her trade, business, profession or vocation.
Eligibility criteria and cap in respect of maternity benefits
9A.—(1)  Subject to this section, a female employee shall be entitled to absent herself from work and to payment under section 9(1), and a self-employed woman shall be entitled to payment by the Government under section 9(4), if —
(a)the child delivered during her confinement is a citizen of Singapore at the time of the child’s birth;
(b)she has fewer than 4 other living children at the time of her confinement;
(c)she —
(i)is lawfully married to the child’s natural father at the time the child is conceived; or
(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;
(d)in the case of a female employee, she has served the employer for not less than 180 days immediately preceding the day of her confinement; and
(e)in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of not less than 180 days immediately preceding the day of her confinement.
(2)  Subsection (1)(b) shall not apply to the second confinement of a female employee or self-employed woman who has 4 or more other living children born to her during her first confinement.
(3)  Notwithstanding anything in the Employment Act (Cap. 91), no female employee shall be 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).
(4)  Where a female employee absents herself from work during the whole or part of the benefit period —
(a)in respect of her first or second confinement, the amount of payment she shall be entitled to receive from her employer under section 9(1) for such period of her absence from work which is after the first 8 weeks of her absence from work shall not exceed $10,000; and
(b)in respect of her third or fourth confinement, the amount of payment she shall be entitled to receive from her employer under section 9(1) for the whole period of her absence from work shall not exceed $30,000.
(5)  Where a self-employed woman ceases to be actively engaged in her trade, business, profession or vocation during the whole or part of the period referred to in section 9(4)(a), (b) or (c) —
(a)in respect of her first or second confinement, the amount of payment she shall be entitled to receive from the Government under section 9(4) for the period referred to in section 9(5)(a) shall not exceed $10,000; and
(b)in respect of her third or fourth confinement, the amount of payment she shall be entitled to receive from the Government under section 9(4) for the period referred to in section 9(5)(b) shall not exceed $30,000.
(6)  The amounts of payment referred to in subsections (4) and (5) shall be 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 (Cap. 36).
(7)  Subject to subsection (3), nothing in this Part shall 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 other written law.”.
Repeal and re-enactment of section 10
5.  Section 10 of the principal Act is repealed and the following section substituted therefor:
Reimbursement from Government
10.—(1)  Subject to subsection (2) and any regulations made under section 20, where an employer makes payment to a female employee under section 9(1), he shall be entitled to claim reimbursement from the Government —
(a)in respect of the first or second confinement of the employee, for —
(i)the amount paid to the employee for such period of her absence from work which is after the first 8 weeks of her absence from work; and
(ii)any contribution which the employer has made under the Central Provident Fund Act (Cap. 36) in respect of such payment which is not recoverable from the employee’s wages; and
(b)in respect of the third or fourth confinement of the employee, for —
(i)the amount paid to the employee for the whole period of her absence from work; and
(ii)any contribution which the employer has made under the Central Provident Fund Act in respect of such payment which is not recoverable from the employee’s wages.
(2)  The amount of reimbursement an employer shall be entitled to claim from the Government under subsection (1) in respect of a female employee shall not exceed —
(a)where subsection (1)(a) applies, $10,000; and
(b)where subsection (1)(b) applies, $30,000.”.
Amendment of section 11
6.  Section 11 of principal Act is amended —
(a)by deleting the words “section 9” wherever they appear in subsection (1) and substituting the words “section 9, 12A or 22, as the case may be,”; and
(b)by deleting the words “section 10” in subsection (2) and substituting the words “section 10, 12A or 22, as the case may be,”.
Amendment of section 12
7.  The principal Act is amended by renumbering section 12 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
(2)  Parts XV and XVI of the Employment Act (Cap. 91) and such other provisions of that Act as the Minister for Manpower may by order specify shall apply, with such exceptions, adaptations and modifications as may be prescribed in the order, in relation to —
(a)any employer or female employee to whom section 9 or 22 applies;
(b)any dispute under this Part between such employer and such female employee; and
(c)any offence or proceedings under section 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.”.
New section 12A
8.  The principal Act is amended by inserting, immediately after section 12, the following section:
Reimbursement of employer of female employee, and self-employed woman in respect of adoption leave
12A.—(1)  Subject to subsections (2) and (3), where a female employee —
(a)on or after 1st August 2004, adopts a child in accordance with any written law relating to the adopting of children, being a child who —
(i)is a citizen of Singapore at the time of the adoption or becomes a citizen of Singapore before he attains 6 months of age; and
(ii)is below 6 months of age at the time he is adopted or becomes a citizen of Singapore, whichever is the later;
(b) has fewer than 4 other living children at the time the child is adopted or becomes a citizen of Singapore, whichever is the later;
(c)is married, widowed or divorced at the time the child is adopted or becomes a citizen of Singapore, whichever is the later;
(d)during the period commencing on the day the child is adopted or becomes a citizen of Singapore, whichever is the later, and ending on the day before the child attains 6 months of age —
(i)is granted leave by her employer; and
(ii)absents herself from work by taking such leave,
for one or more periods, not exceeding 24 days in the aggregate; and
(e)has received payment from her employer at her gross rate of pay during such period or periods of absence,
the employer shall be entitled to be reimbursed by the Government in accordance with any regulations made under section 20 for —
(A)the amount of such payment; and
(B)any contribution which the employer has made under the Central Provident Fund Act (Cap. 36) in respect of such payment which is not recoverable from the employee’s wages.
(2)  The leave referred to in subsection (1)(d) shall be in addition to —
(a)the rest days, holidays, annual leave, sick leave and childcare leave to which an employee is entitled under sections 36, 42, 43, 44 and 87A, respectively, of the Employment Act (Cap. 91); and
(b)any type of leave of absence to which the female employee is entitled under her contract of service with her employer that does not relate to the adoption of a child.
(3)  The amount of reimbursement an employer shall be entitled to claim from the Government in respect of a female employee under subsection (1) shall not exceed $10,000.
(4)  Subject to subsection (5), where a self-employed woman —
(a)on or after 1st August 2004, adopts a child in accordance with any written law relating to the adopting of children, being a child who —
(i)is a citizen of Singapore at the time of the adoption or becomes a citizen of Singapore before he attains 6 months of age; and
(ii)is below 6 months of age at the time he is adopted or becomes a citizen of Singapore, whichever is the later;
(b)has fewer than 4 other living children at the time the child is adopted or becomes a citizen of Singapore, whichever is the later;
(c)is married, widowed or divorced at the time the child is adopted or becomes a citizen of Singapore, whichever is the later;
(d)during the period commencing on the day the child is adopted or becomes a citizen of Singapore, whichever is the later, and ending on the day before the child attains 6 months of age, ceases to be actively engaged in her trade, business, profession or vocation for one or more periods, not exceeding 24 days in the aggregate; and
(e)has lost any income by reason of her ceasing to be actively engaged in her trade, business, profession or vocation during such period or periods,
she shall be entitled to claim from the Government, in accordance with any regulations made under section 20, the income she would otherwise have derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during the period or periods referred to in paragraph (d).
(5)  The amount of payment a self-employed woman shall be entitled to receive from the Government under subsection (4) shall not exceed $10,000.”.
Amendment of section 14
9.  Section 14 (1) of the principal Act is amended —
(a)by deleting paragraph (d) and substituting the following paragraph:
(d)the entitlement of a self-employed woman to any payment under section 9, 12A or 22;”; and
(b)by deleting the words “section 10 or 11” in paragraph (e) and substituting the words “section 10, 11, 12A or 22”.
Amendment of section 17
10.  Section 17 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:
(1)  Any employer who —
(a)fails to pay his employee in accordance with any provision of Part III or of sections 77 to 80 of the Employment Act (Cap. 91) as made applicable by section 12; or
(b)contravenes section 81 of the Employment Act as made applicable by section 12,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(1A)  Any employer who contravenes section 82 of the Employment Act as made applicable by section 12 shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)for a subsequent offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
(1B)  Any employer who fails to comply with the direction of the Minister for Manpower under section 84(3) of the Employment Act as made applicable by section 12 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 12 months or to both.”.
Repeal and re-enactment of section 19
11.  Section 19 of the principal Act is repealed and the following section substituted therefor:
Composition of offences
19.—(1)  The Minister or any person authorised by him may, in his discretion, compound any offence under section 16 or 18 or any regulations made under section 20 by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $5,000.
(2)  The Commissioner for Labour may, in his discretion, compound any offence under section 17 by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500.”.
Amendment of section 20
12.  Section 20 (2) of the principal Act is amended by deleting paragraphs (a) to (d) and substituting the following paragraphs:
(a)the terms and conditions, manner and method of any payment to female employees and self-employed women under section 9, 12A or 22;
(b)the manner of and method for determining the income which a self-employed woman is entitled to claim from the Government under section 9, 12A or 22;
(c)the manner of and method for determining the amount of reimbursement which an employer is entitled to claim under section 10, 12A or 22 and the terms and conditions subject to which the employer may be reimbursed;
(d)the authority responsible for the assessment and payment of —
(i)the income which a self-employed woman is entitled to claim under section 9, 12A or 22; or
(ii)the reimbursement which an employer is entitled to claim under section 10, 12A or 22;”.
New section 22
13.  The principal Act is amended by inserting, immediately after section 21, the following section:
Transitional provision
22.—(1)  Subject to subsections (2) and (3), where —
(a)a female employee satisfies the requirements set out in section 9A(1);
(b)her confinement occurred —
(i)between 1st August 2004 and 30th September 2004 (both dates inclusive); or
(ii)before 1st August 2004 but the estimated delivery date for that confinement (as certified by a medical practitioner) was a date on or after 1st August 2004;
(c)her employer has granted her leave of absence for the period referred to in section 9(1)(a), (b) or (c), as the case may be;
(d)she absents herself from work during the whole or any part of such period; and
(e)she has received payment from her employer at her gross rate of pay during such period of absence,
the employer shall be entitled to claim reimbursement from the Government in accordance with any regulations made under section 20 for the payments referred to in subsection (2).
(2)  The payments for which an employer shall be entitled to be reimbursed by the Government under subsection (1) shall be —
(a)in respect of the first or second confinement of the employee —
(i)the amount paid to the employee for such period of her absence from work which is after the first 8 weeks of her absence from work; and
(ii)any contribution which the employer has made under the Central Provident Fund Act (Cap. 36) in respect of such payment which is not recoverable from the employee’s wages; and
(b)in respect of the third or fourth confinement of the employee —
(i)the amount paid to the employee for the whole period of her absence from work; and
(ii)any contribution which the employer has made under the Central Provident Fund Act in respect of such payment which is not recoverable from the employee’s wages.
(3)  The amount of reimbursement an employer shall be entitled to claim from the Government under subsection (1) in respect of a female employee shall not exceed —
(a)where subsection (2)(a) applies, $10,000; and
(b)where subsection (2)(b) applies, $30,000.
(4)  Subject to subsections (5) and (6), where —
(a)a self-employed woman satisfies the requirements set out in section 9A(1);
(b)her confinement occurred —
(i)between 1st August 2004 and 30th September 2004 (both dates inclusive); or
(ii)before 1st August 2004 but the estimated delivery date for that confinement (as certified by a medical practitioner) was a date on or after 1st August 2004;
(c)she ceases or has ceased to be actively engaged in her trade, business, profession or vocation during the whole or part of the period referred to in section 9(4)(a), (b) or (c), as the case may be; and
(d)she has lost any income by reason of her ceasing to be actively engaged in such trade, business, profession or vocation during the whole or any part of such period,
she shall be entitled to claim from the Government, in accordance with any regulations made under section 20, the income she would otherwise have derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during such period referred to in subsection (5) as may be applicable.
(5)  A self-employed woman shall be entitled to payment from the Government under subsection (4) —
(a)in respect of her first or second confinement, for such period of her cessation of active engagement in her trade, business, profession or vocation which is after the first 8 weeks of such cessation; and
(b)in respect of her third or fourth confinement, for the whole period of her cessation of active engagement in her trade, business, profession or vocation.
(6)  The amount of payment that a self-employed woman shall be entitled to receive from the Government under subsection (4) —
(a)in respect of her first or second confinement, for the period referred to in subsection (5)(a) shall not exceed $10,000; and
(b)in respect of her third or fourth confinement, for the period referred to in subsection (5)(b) shall not exceed $30,000.”.