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 Section 9 of the principal Act is repealed and the following sections substituted therefor:“Length of benefit period, etc.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, |
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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. |
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(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, |
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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. |
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(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. |
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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. |
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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 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. |
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(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.”. |
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