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) 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. [S 180/2009 wef 01/05/2009] |
(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. [S 180/2009 wef 01/05/2009] |
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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. [S 180/2009 wef 01/05/2009] |
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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. [S 180/2009 wef 01/05/2009] |
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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) 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. [S 180/2009 wef 01/05/2009] |
(4) [Deleted by S 549/2008 wef 31/10/2008] |
(5) [Deleted by S 549/2008 wef 31/10/2008] |
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