Children Development Co-Savings (Part-Time Employees) Regulations 2008

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No. S 548

Children Development Co-Savings Act

(Chapter 38A)

Children Development Co-Savings (Part-time Employees) 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 (Part-Time Employees) Regulations 2008 and shall come into operation on 31st October 2008.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“childcare leave” means childcare leave under section 12B of the Act, and includes —

(a)	any childcare leave taken under section 87A of the Employment Act (Cap. 91); and
(b)	any leave of absence for childcare purposes referred to in section 12B(6)(b) of the Act,

which is treated, under section 12B(3) or (6) of the Act, as childcare leave under section 12B of the Act;

“full-time employee” has the same meaning as in regulation 2(1) of the Employment (Part-Time Employees) Regulations (Cap. 91, Rg 8);

“gross rate of pay”, in relation to a female part-time employee, means —

(a)	her gross rate of pay as specified in her contract of service with her employer; or
(b)	if there is no such specification in her contract of service with her employer, such gross rate of pay as the Commissioner for Labour may determine, having regard to the terms of that contract of service;

“hourly gross rate of pay”, in relation to a part-time employee, means —

(a)	his hourly gross rate of pay as specified in his contract of service with his employer; or
(b)	if there is no such specification in his contract of service with his employer, such hourly gross rate of pay as the Commissioner for Labour may determine, having regard to the terms of that contract of service;

“similar full-time employee”, in relation to a part-time employee, means —

(a)	a full-time employee who is employed by the same employer as that of the part-time employee and in work similar to that of the part-time employee; or
(b)	if there is no such person so employed, an employee who is required to work 8 hours a day and 44 hours a week in work similar to that of the part-time employee.

(2) For the purposes of calculating any entitlement of a part-time employee under these Regulations, a reference to the average number of hours a week, or the number of hours a day, which an employee is required to work shall be treated as a reference to —

(a)	the average number of hours a week or the number of hours a day, as the case may be, which the employee is required to work, as specified in his contract of service with his employer; or
(b)	if there is no such specification in his contract of service with his employer, such number of hours a week or number of hours a day, as the case may be, as the Commissioner for Labour may determine, having regard to the terms of that contract of service.

Application of Part III of Act

3. Part III of the Act and the following Regulations shall apply, with such modifications as may be specified in these Regulations, to a part-time employee who satisfies the requirements of section 9A(1), (1A), (1B) or (1C), 10A(1), 12A(1), 12B(1) or 12D(1) of the Act:

(a)	the Children Development Co-Savings (Paid Maternity Leave and Adoption Leave) Regulations (Rg 1); and
(b)	the Children Development Co-Savings (Childcare Leave) Regulations 2008 (G.N. No. S 547/2008).

Maternity benefits

4.—(1) Every female part-time employee shall be entitled to —

(a)	the benefit period under section 9(1) of the Act, if she satisfies the requirements of section 9A(1) of the Act;
(b)	the benefit period under section 9(1A) or (1B) of the Act, if she satisfies the requirements of section 9A(1A) of the Act;
(c)	the benefit period under section 9(1C) or (1D) of the Act, if she satisfies the requirements of section 9A(1B) of the Act; or
(d)	the benefit period under section 9(1E) or (1F) of the Act, if she satisfies the requirements of section 9A(1C) of the Act.

(2) Subject to section 9A(4) of the Act, during such benefit period, a female part-time employee shall be paid —

(a)	for each day that she would ordinarily have been required to work under her contract of service with her employer, at her gross rate of pay; and
(b)	for each paid holiday, the sum referred to in regulation 6(1) of the Employment (Part-Time Employees) Regulations (Cap. 91, Rg 8), if she is entitled to paid holidays and has not relinquished that entitlement.

(3) Any reference in the Act to a payment under section 9(1), (1A), (1B), (1C), (1D), (1E) or (1F) of the Act to a female employee at her gross rate of pay shall, in the case of a female part-time employee, refer to a payment to her at the rate to which she is entitled under paragraph (2).

Childcare leave

5.—(1) Subject to paragraph (2), the number of hours of childcare leave which a part-time employee who satisfies the requirements of section 12B(1) of the Act shall be entitled to take in a relevant period shall be calculated in accordance with the following formula:

NHWP

x C x NHDF

NHWF

Where

NHWP

is the average number of hours a week which the part-time employee is required to work;

NHWF

is the average number of hours a week which a similar full-time employee is required to work;

is the number of days of childcare leave which a similar full-time employee is entitled to, under section 12B(1) of the Act, for the relevant period; and

NHDF

is the number of hours a day which a similar full-time employee is required to work.

(2) A part-time employee who satisfies the requirements of section 12B(1) of the Act shall be entitled to not less than 2 days of childcare leave.

(3) Subject to paragraph (4), an employer shall pay a part-time employee who is entitled to childcare leave at the employee’s hourly gross rate of pay, for each hour of childcare leave taken by the employee.

(4) Where a part-time employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from his employer under paragraph (3) shall not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under paragraph (1) and that is taken by the employee.

Unpaid infant care leave

6. The number of hours of unpaid infant care leave which a part-time employee who satisfies the requirements of section 12D(1) of the Act shall be entitled to take in a relevant period shall be calculated in accordance with the following formula:

NHWP

x 6 x NHDF

NHWF

Where

NHWP

is the average number of hours a week which the part-time employee is required to work;

NHWF

is the average number of hours a week which a similar full-time employee is required to work; and

NHDF

is the number of hours a day which a similar full-time employee is required to work.

Savings

7. Notwithstanding anything in these Regulations, where the terms of service under which a part-time employee is employed are provided for in a contract of service or collective agreement entered into before 31st October 2008, such terms of service shall, in so far as they are more favourable to the employee than the provisions of these Regulations, continue to apply until varied by the parties to the contract of service or the collective agreement, as the case may be.

Made this 29th day of October 2008.

NIAM CHIANG MENG

Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.

[MCYS 132-20-350; MOM WPSD 1:5; AG/LEG/SL/38A/2001/4 Vol. 1]

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