Singapore legislation
Section 12AA
Section 12AA
Adoption leave for female employee
(1)
Subject to subsection (2), section 12AC and any regulations made under section 20, every female employee who applies to adopt a child in accordance with any written law relating to the adoption of children, and who satisfies the requirements of section 12AC, is entitled, within a period of 12 months commencing on the date of the child’s birth, to absent herself from work on adoption leave —
for a period of 12 weeks commencing on the eligibility date of the application to adopt the child;
during a period of 12 weeks, as agreed to by her and her employer, commencing —
not earlier than the eligibility date of the application to adopt the child; and
not later than the date the adoption order is made; or
during —
a period of 8 weeks, as agreed to by her and her employer, commencing —
not earlier than the eligibility date of the application to adopt the child; and
not later than the date the adoption order is made; and
one or more than one later period, each being of a duration that is agreed between the employee and her employer, and all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower).
(2)
Where, in any of the following circumstances, a female employee does not take any adoption leave to which she is entitled, she ceases to be entitled to that leave, and is not entitled to any payment in lieu of that leave:
her employment is terminated (whether by resignation or dismissal, on the completion of her contract of service, or for any other reason);
she does not take that leave within the period of 12 months commencing on the date of the child’s birth.
(3)
[Deleted by Act 33 of 2016]
(4)
Subject to subsection (5), an employer must pay a female employee who is entitled to adoption leave her gross rate of pay for every day of such leave that is taken by the female employee.
(5)
The payment that the female employee is entitled to receive from her employer under subsection (4) for adoption leave in respect of a child is an amount that does not exceed —
if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s first or second specified event —
$10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee after the first 4 weeks of such leave; and
in any case, a total of $20,000 for the period of adoption leave (if only one), or all the periods of adoption leave, under sub‑paragraph (i), whichever is applicable; and
if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s third or subsequent specified event —
$10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee under subsection (1); and
in any case, a total of $30,000 for the adoption leave taken by the female employee under subsection (1).
(6)
The amount of payment referred to in subsection (5) is inclusive of any contribution to the Central Provident Fund which an employer or an employee is liable to make under the Central Provident Fund Act 1953.
(7)
[Deleted by Act 33 of 2016]
(8)
Any employer who fails, without reasonable cause, to grant adoption leave to a female employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(9)
Any employer who fails to pay a female employee in accordance with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(10)
Where an employer has been convicted of an offence under subsection (9), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12AD which have not been paid to a female employee in accordance with this section.
(11)
Where an employer who is convicted or found guilty of an offence under subsection (8) or (9) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(12)
For the purposes of subsection (11), a person is a repeat offender in relation to an offence under subsection (8) or (9) if the person who is convicted or found guilty of an offence under subsection (8) or (9) (called the current offence) has been convicted or found guilty of an offence under subsection (8) or (9) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.
(13)
This section must not be construed as derogating from any other benefits that a female employee is entitled to, during any period of adoption leave taken by her, under the terms of her contract of service or under any written law.