2. Regulation 5 of the Children Development Co-Savings (Paid Maternity Leave and Adoption Leave) Regulations (Rg 1) is amended —| (a) | by deleting paragraph (2) and substituting the following paragraphs:| “(2) Subject to paragraphs (2A) and (2B), an application under paragraph (1) shall be made within 3 months from the last day on which the female employee absents herself from work under section 9(1), (1B), (1D) or (1F), 10A(1)(d) or 12A(1)(d) of the Act, or under section 76(1) of the Employment Act (Cap. 91) and section 9(1A), (1C) or (1E) of the Act, as the case may be. |
(2A) An employer who is entitled to claim reimbursement from the Government under section 10(1) or 10A(1) of the Act in respect of the first or second confinement of his female employee may apply to the Director for such reimbursement in the following manner:| (a) | where, after the first 8 weeks of the female employee’s absence from work under section 9(1), (1B), (1D) or (1F) or 10A(1)(d) of the Act, or under section 76(1) of the Employment Act (Cap. 91) and section 9(1A), (1C) or (1E) of the Act, as the case may be, the female employee has absented herself from work during any part of the applicable period, the employer may make an application to be reimbursed for the amount paid to the female employee for that part of the applicable period, and for 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 —| (i) | within 12 months from the day of the female employee’s confinement; and | | (ii) | before the application referred to in sub-paragraph (b) is made; and |
| | (b) | the employer may make an application to be reimbursed for the amount paid to the female employee for the remainder of the applicable period, and for 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, within 3 months from the last day of the female employee’s absence from work. |
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(2B) An employer who is entitled to claim reimbursement from the Government under section 10(1) or 10A(1) of the Act in respect of the third or subsequent confinement of his female employee may apply to the Director for such reimbursement in the following manner:| (a) | where the female employee has absented herself from work under section 9(1), (1B), (1D) or (1F) or 10A(1)(d) of the Act, or under section 76(1) of the Employment Act (Cap. 91) and section 9(1A), (1C) or (1E) of the Act, as the case may be, for a period of not less than 8 weeks, the employer may make an application to be reimbursed for the amount paid to the female employee for that period, and for 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 —| (i) | within 12 months from the day of the female employee’s confinement; and | | (ii) | before the application referred to in sub-paragraph (b) is made; and |
| | (b) | the employer may make an application to be reimbursed for the amount paid to the female employee for the remainder of the period of the female employee’s absence from work under section 9(1), (1B), (1D) or (1F) or 10A(1)(d) of the Act, or under section 76(1) of the Employment Act and section 9(1A), (1C) or (1E) of the Act, as the case may be, and for 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, within 3 months from the last day of the female employee’s absence from work. |
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(2C) Every application referred to in paragraph (2), (2A)(a) or (b) or (2B)(a) or (b) shall be —| (a) | made in such form as the Director may provide for the application; and | | (b) | accompanied by the following information and documents:| (i) | the gross rate of pay paid to the female employee for the period of her absence from work, including the allowances referred to in regulation 4(8) or (9); | | (ii) | the gross rate of pay paid to the female employee for the period of one month immediately preceding the date the female employee began her absence from work, including the allowances referred to in regulation 4(8) or (9); and | | (iii) | such other information or document as may be specified in the form provided by the Director for the application or as may be required by the Director.”; and |
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| | (b) | by inserting, immediately after paragraph (3), the following paragraph:| “(4) In paragraph (2A), “applicable period” means the part of the period of a female employee’s absence from work (under section 9(1), (1B), (1D) or (1F) or 10A(1)(d) of the Act, or under section 76(1) of the Employment Act (Cap. 91) and section 9(1A), (1C) or (1E) of the Act, as the case may be) referred to in section 10(1)(a)(i)(A), (B) or (C)(CA) or (CB) or 10A(2)(a)(i)(A), (B) or (C)(CA) or (CB) of the Act, as the case may be, for which, if the employer of the female employee has made payment to the female employee under section 9(1), (1A), (1B), (1C), (1D), (1E) or (1F) or 10A(1) of the Act, as the case may be, the employer is entitled to claim reimbursement from the Government for the amount so paid.”. |
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[G.N. Nos. S 549/2008; S 699/2008] |
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