5.—(1) Every employer who is entitled to claim reimbursement from the Government under section 10(1), 10A(1) or 12A(1) of the Act shall apply to the Director for such reimbursement. [S 549/2008 wef 31/10/2008] (2) An application under paragraph (1) shall be —(a) | made in such form as the Director may provide; | (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) | 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 or as may be required by the Director. |
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(3) The amount of reimbursement that an employer is entitled to claim from the Government —(a) | where the female employee has absented herself from work 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, in respect of her first or second confinement, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of the female employee in respect of whom the claim is made; |
| | | | 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; and |
| | | | is the number of days (inclusive of rest days, non-working days and holidays) on which that female employee absented herself from work; |
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| (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: | | is the monthly gross rate of pay of the female employee in respect of whom the claim is made; |
| | | 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; |
| | | is the number of working days in a week under the terms of that female employee’s contract of service; |
| | | is the number of working days on which that female employee absented herself from work; and |
| | | is the number of working days in 8 weeks under the terms of that female employee’s contract of service; |
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| (c) | where the female employee has absented herself from work —(i) | 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, in respect of her third or subsequent confinement; or [S 549/2008 wef 31/10/2008] | (ii) | under section 12A(1)(d) of the Act during a continuous period not exceeding 4 weeks, [S 549/2008 wef 31/10/2008] |
shall be calculated in accordance with the following formula: |
| | | is the monthly gross rate of pay of the female employee in respect of whom the claim is made; |
| | | | 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; and |
| | | | is the number of days (inclusive of rest days, non-working days and holidays) on which that female employee absented herself from work; |
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| (d) | where the female employee has absented herself from work —(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, |
shall be calculated in accordance with the following formula: |
| | | is the monthly gross rate of pay of the female employee in respect of whom the claim is made; |
| | | | 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; |
| | | | is the number of working days in a week under the terms of that female employee’s contract of service; and |
| | | | is the number of working days on which that female employee absented herself from work; |
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| (e) | where the female employee has received payment from her employer under section 9(1A)(i) or (iii), (1C)(i) or (iii) or (1E)(i) or (iii) of the Act, 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, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | is the contribution which an employer is liable to make to the Central Provident Fund under the Central Provident Fund Act in respect of that female employee and which is not recoverable from the monthly wages of that female employee; and |
| | | | is the number of days (inclusive of rest days, non-working days and holidays) after the first 8 weeks of that female employee’s absence from work under section 76 (1)(a) or (b) of the Employment Act (Cap. 91), as the case may be, for which that female employee has received payment from her employer under section 9 (1A)(i) or (iii), (1C)(i) or (iii) or (1E)(i) or (iii) of the Act, 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, as the case may be; |
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| (f) | where the female employee has received payment from her employer under section 9 (1A) (ii) or (iv), (1C) (ii) or (iv) or (1E) (ii) or (iv) of the Act, 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, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | 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; and |
| | | | is the number of days (inclusive of rest days, non-working days and holidays) for which that female employee has received payment from her employer; |
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| (g) | where the female employee has received payment from her employer under section 9(1A)(v), (1C)(v) or (1E)(v) of the Act, 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, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | is the contribution which an employer is liable to make to the Central Provident Fund under the Central Provident Fund Act in respect of that female employee and which is not recoverable from the monthly wages of that female employee; |
| | | | is the number of working days in a week under the terms of that female employee’s contract of service; and |
| | | | is the number of working days after the first 8 weeks of that female employee’s absence from work under section 76(1)(c) of the Employment Act (Cap. 91) for which that female employee has received payment from her employer under section 9(1A)(v), (1C)(v) or (1E)(v) of the Act, as the case may be; |
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| (h) | where the female employee has received payment from her employer under section 9(1A)(vi), (1C)(vi) or (1E)(vi) of the Act, 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, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | 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; |
| | | | is the number of working days in a week under the terms of that female employee’s contract of service; and |
| | | | is the number of working days for which that female employee has received payment from her employer; |
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| (i) | where the female employee has absented herself from work under section 9(1B)(i), (1D)(i) or (1F)(i) of the Act, 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, in respect of her first or second confinement, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | 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; and |
| | | | | | | | | (i) the number of days (inclusive of rest days, non-working days and holidays) on which that female employee absented herself from work, if the period of that female employee’s absence from work does not exceed 8 weeks; or |
| | | | | (ii) if that period exceeds 8 weeks, the number 56; |
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| (j) | where the female employee has absented herself from work under section 9(1B)(i), (1D)(i) or (1F)(i) of the Act, 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, in respect of her third or subsequent confinement, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | is the contribution which an employer is liable to make to the Central Provident Fund under the Central Provident Fund Act in respect of that female employee and which is not recoverable from the monthly wages of that female employee; and |
| | | | is the number of days (inclusive of rest days, non-working days and holidays) on which that female employee absented herself from work; |
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| (k) | where the female employee has absented herself from work under section 9(1B)(ii) or (iii), (1D)(ii) or (iii) or (1F)(ii) or (iii) of the Act, 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, in respect of her first or second confinement, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | 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; |
| | | | is the number of working days in a week under the terms of that female employee’s contract of service; and |
| | | | | | | | | (i) the number of working days on which that female employee absented herself from work, if that number does not exceed the number of working days in 8 weeks under the terms of that female employee’s contract of service; or |
| | | | | (ii) if that number exceeds the number of working days in 4 weeks under the terms of that female employee’s contract of service, the number of working days in 8 weeks under the terms of that female employee’s contract of service; and |
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| (l) | where the female employee has absented herself from work under section 9(1B)(ii) or (iii), (1D)(ii) or (iii) or (1F)(ii) or (iii) of the Act, 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, in respect of her third or subsequent confinement, shall be calculated in accordance with the following formula: | | | is the monthly gross rate of pay of that female employee; |
| | | | 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; |
| | | | is the number of working days in a week under the terms of that female employee’s contract of service; and |
| | | | is the number of working days on which that female employee absented herself from work. |
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(4) [Deleted by S 549/2008 wef 31/10/2008] |
(5) [Deleted by S 549/2008 wef 31/10/2008] |
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