No. S 549
Children Development Co-Savings Act
(Chapter 38A)
Children Development Co-Savings (Paid Maternity Leave and Adoption Leave) (Amendment) Regulations 2008
In exercise of the powers conferred by section 20 of the Children Development Co-Savings Act, the Minister for Community Development, Youth and Sports hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Children Development Co-Savings (Paid Maternity Leave and Adoption Leave) (Amendment) Regulations 2008 and shall come into operation on 31st October 2008.
Amendment of regulation 2
2.  Regulation 2(1) of the Children Development Co-Savings (Paid Maternity Leave and Adoption Leave) Regulations (Rg 1, 2008 Ed.) (referred to in these Regulations as the principal Regulations) is amended —
(a)by deleting paragraphs (e), (f) and (g) of the definition of “leave period” and substituting the following paragraphs:
“(e)where she is entitled to claim lost income under section 10A(4) of the Act, the period referred to in section 10A(4)(c) of the Act; or
(f)where she is entitled to claim lost income under section 12A(4) of the Act, the period referred to in section 12A(4)(d) of the Act,”; and
(b)by deleting the words “6 months” in the definition of “relevant period” and substituting the words “3 months”.
Amendment of regulation 4
3.  Regulation 4 of the principal Regulations is amended —
(a)by inserting, immediately after the words “the Act” in paragraph (1), the words “, or who has received or will receive any payment from her employer in accordance with section 10A(1) of the Act,”;
(b)by inserting, immediately after paragraph (3), the following paragraph:
“(3A)  Every female employee who has received or will receive any payment from her employer in accordance with section 10A(1) of the Act shall submit the form referred to in paragraph (1) to her employer not later than 7th November 2008.”;
(c)by inserting, immediately after the words “paragraph (1)” in paragraph (4), the words “from a female employee who claims to be entitled to receive payment under section 9(1), (1A), (1B), (1C), (1D), (1E) or (1F) of the Act”;
(d)by deleting the words “or (1A)” wherever they appear in paragraphs (5) and (6);
(e)by deleting the words “or (1A)(d)” in paragraph (5)(b)(I);
(f)by deleting the words “, as the case may be” wherever they appear in paragraphs (5)(b)(I) and (6);
(g)by deleting the words “12A(1) or (1A) or 22(1)” in paragraph (8) and substituting the words “10A(1) or 12A(1)”; and
(h)by deleting the words “4 or more months” in paragraphs (8) and (9) and substituting in each case the words “3 or more months”.
Amendment of regulation 5
4.  Regulation 5 of the principal Regulations is amended —
(a)by deleting the words “12A(1) or (1A) or 22(1)” in paragraph (1) and substituting the words “10A(1) or 12A(1)”;
(b)by deleting sub-paragraph (b) of paragraph (2) and substituting the following sub-paragraph:
“(b)made within 3 months from the last day when 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; and”;
(c)by deleting the words “Subject to paragraph (4), the” in paragraph (3) and substituting the word “The”;
(d)by deleting the words “under section 9(1) or 22(1) of the Act for a continuous period of 12 weeks referred to in section 9(1)(a) or (b) of the Act” in paragraph (3)(a) and (c)(I) and substituting in each case the words “under section 9(1)(a) or (b) of the Act, or under section 10A(1)(d) of the Act during the period referred to in section 9(1)(a) or (b) of the Act,”;
(e)by deleting sub-paragraph (b) of paragraph (3) and substituting the following sub-paragraph:
“(b)where the female employee has absented herself from work under section 9(1)(c) of the Act, or under section 10A(1)(d) of the Act during the period referred to in section 9(1)(c) of the Act, in respect of her first or second confinement, shall be calculated in accordance with the following formula:
(MGP + ECPF) x 12
x (B – C)
A x 52 weeks
 
where
MGP
is the monthly gross rate of pay of the female employee in respect of whom the claim is made;
 
ECPF
is the contribution which an employer is liable to make to the Central Provident Fund under the Central Provident Fund Act (Cap. 36) in respect of that female employee and which is not recoverable from the monthly wages of that female employee;
 
A
is the number of working days in a week under the terms of that female employee’s contract of service;
 
B
is the number of working days on which that female employee absented herself from work; and
 
C
is the number of working days in 8 weeks under the terms of that female employee’s contract of service;”;
(f)by deleting the word “fourth” in paragraph (3)(c)(i), (j) and (l) and substituting in each case the word “subsequent”;
(g)by deleting the words “section 12A(1) or (1A)” in paragraph (3)(c)(ii) and substituting the words “section 12A(1)(d)”;
(h)by deleting sub-paragraphs (i) and (ii) of paragraph (3)(d) and substituting the following sub-paragraphs:
“(i)under section 9(1)(c) of the Act, or under section 10A(1)(d) of the Act during the period referred to in section 9(1)(c) of the Act, in respect of her third or subsequent confinement; or
(ii)under section 12A(1)(d) of the Act for one or more periods not exceeding in the aggregate the total number of working days in 4 weeks under the terms of her contract of service,”;
(i)by inserting, immediately after the words “under section 9(1A)(i) or (iii), (1C)(i) or (iii) or (1E)(i) or (iii) of the Act,” wherever they appear in paragraph (3)(e), the words “or under section 10A(1)(e) of the Act during such period referred to in section 76(1)(a) or (b) of the Employment Act (Cap. 91) and section 9(1A)(i) or (iii), (1C)(i) or (iii) or (1E)(i) or (iii) of the Act as may be applicable to her,”;
(j)by inserting, immediately after the words “under section 9(1A)(ii) or (iv), (1C)(ii) or (iv) or (1E)(ii) or (iv) of the Act,” in paragraph (3)(f), the words “or under section 10A(1)(e) of the Act during such period referred to in section 76(1)(a) or (b) of the Employment Act (Cap. 91) and section 9(1A)(ii) or (iv), (1C)(ii) or (iv) or (1E)(ii) or (iv) of the Act as may be applicable to her,”;
(k)by inserting, immediately after the words “under section 9(1A)(v), (1C)(v) or (1E)(v) of the Act,” wherever they appear in paragraph (3)(g), the words “or under section 10A(1)(e) of the Act during such period referred to in section 76(1)(c) of the Employment Act (Cap. 91) and section 9(1A)(v), (1C)(v) or (1E)(v) of the Act as may be applicable to her,”;
(l)by inserting, immediately after the words “under section 9(1A)(vi), (1C)(vi) or (1E)(vi) of the Act,” in paragraph (3)(h), the words “or under section 10A(1)(e) of the Act during such period referred to in section 76(1)(c) of the Employment Act (Cap. 91) and section 9(1A)(vi), (1C)(vi) or (1E)(vi) of the Act as may be applicable to her,”;
(m)by inserting, immediately after the words “under section 9(1B)(i), (1D)(i) or (1F)(i) of the Act” in paragraph (3)(i) and (j), the words “, or under section 10A(1)(d) of the Act during such period referred to in section 9(1B)(i), (1D)(i) or (1F)(i) of the Act as may be applicable to her,”;
(n)by deleting the words “4 weeks” wherever they appear in paragraph (3)(i) and (k) and substituting in each case the words “8 weeks”;
(o)by deleting “28” in paragraph (3)(i) and substituting “56”;
(p)by inserting, immediately after the words “under section 9(1B)(ii) or (iii), (1D)(ii) or (iii) or (1F)(ii) or (iii) of the Act” in paragraph (3)(k) and (l), the words “, or under section 10A(1)(d) of the Act during such period referred to in section 9(1B)(ii) or (iii), (1D)(ii) or (iii) or (1F)(ii) or (iii) of the Act as may be applicable to her,”; and
(q)by deleting paragraphs (4) and (5).
Amendment of regulation 6
5.  Regulation 6 of the principal Regulations is amended by deleting the words “12A(4) or (4A) or 22(4)” in paragraphs (1), (3) and (4) and substituting in each case the words “10A(4) or 12A(4)”.
Savings and transitional provisions
6.—(1)  These Regulations shall not apply in relation to —
(a)any female employee or self-employed woman whose confinement occurs, and whose estimated delivery date (as certified by a medical practitioner) for that confinement is, before 17th August 2008;
(b)any female employee to whom section 10A(1)(a) and (b) of the Act applies, but whose employer has not granted her leave of absence in accordance with section 10A(1)(c) of the Act; or
(c)any employer of any female employee referred to in sub-paragraph (a) or (b) in relation to that female employee,
and the principal Regulations as in force immediately before 31st October 2008 shall continue to apply in relation to any such female employee or self-employed woman who satisfies the requirements of section 9A(1), (1A), (1B) or (1C) of the Act as in force immediately before 31st October 2008, and to any employer of any such female employee in relation to that female employee, as if these Regulations had not been made.
(2)  Regulation 2(b) shall not apply in relation to any application made before 31st October 2008 by a self-employed woman under regulation 6(1) of the principal Regulations, and the definition of “relevant period” in regulation 2(1) of the principal Regulations as in force immediately before 31st October 2008 shall continue to apply to such an application as if regulation 2(b) had not been made.
(3)  Regulation 3(h) shall not apply in relation to any payment by an employer to a female employee under regulation 4 of the principal Regulations, or to any application by an employer under regulation 5(1) of the principal Regulations, which is made before 31st October 2008, and regulation 4(8) and (9) of the principal Regulations as in force immediately before 31st October 2008 shall continue to apply to such a payment or such an application, as the case may be, as if regulation 3(h) had not been made.

Made this 29th day of October 2008.

NIAM CHIANG MENG
Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.
[MCYS 132-20-350; AG/LEG/SL/38A/2001/3 Vol. 1]
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