Singapore legislation
Section 12B
Section 12B
Childcare leave and extended childcare leave and benefits for parent of qualifying child
(1)
Subject to subsections (1B), (1C), (2) and (3) and any regulations made under section 20, where any employee —
has served an employer for a period of not less than 3 months; and
has any child who is below 7 years of age and who is, or who becomes, a qualifying child, at any time during any relevant period,the employee is entitled to childcare leave (called childcare leave in this section and section 12C) for that relevant period of —
2 days, if the employee serves the employer for a period of less than 5 months during that relevant period;
3 days, if the employee serves the employer for a period of not less than 5 months but less than 7 months during that relevant period;
4 days, if the employee serves the employer for a period of not less than 7 months but less than 9 months during that relevant period;
5 days, if the employee serves the employer for a period of not less than 9 months but less than 11 months during that relevant period; and
6 days, if the employee serves the employer for not less than 11 months during that relevant period.
(1A)
Subject to subsections (1B), (1C) and (2) and any regulations made under section 20, where any employee —
has served an employer for a period of not less than 3 months; and
has any child who is of or above 7 years of age but below 13 years of age, and who is, or who becomes, a qualifying child, at any time during any relevant period,the employee is entitled to 2 days of extended childcare leave (called extended childcare leave in this section and section 12CA) for that relevant period.
(1B)
A male employee is not entitled to childcare leave and extended childcare leave under subsections (1) and (1A) respectively in respect of a qualifying child if —
the male employee is the natural father of the qualifying child; and
either the male employee or the natural mother of the qualifying child was lawfully married to another person, or both of them were lawfully married but not to each other, at the time the qualifying child was conceived.
(1C)
Despite subsection (1B), if the male employee and the natural mother of the qualifying child become lawfully married to each other after the child is conceived (whether or not the marriage remains subsisting), the male employee then becomes entitled to childcare leave and extended childcare leave under subsections (1) and (1A) respectively in respect of the qualifying child —
in a case where the lawful marriage occurred before the birth of the qualifying child — starting on the date of the child’s birth; and
in any other case — starting on the date of their lawful marriage.
(2)
An employee who is entitled to childcare leave and extended childcare leave under subsections (1) and (1A), respectively —
is not entitled to —
more than 42 days of childcare leave in respect of any qualifying child;
more than 12 days of extended childcare leave in respect of any qualifying child; and
more than a combined total of 6 days of childcare leave and extended childcare leave during any relevant period; and
must —
take the employee’s first entitlement of childcare leave or extended childcare leave for a relevant period in that relevant period or the next succeeding relevant period; and
thereafter, take the next and each subsequent entitlement of childcare leave or extended childcare leave for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively.
(3)
Despite section 87A of the Employment Act 1968, when an employee becomes entitled (whether before, on or after 1 April 2014) to childcare leave or extended childcare leave in relation to a qualifying child under this section, whether or not the employee has taken (before, on or after 1 April 2014) any childcare leave under section 87A of that Act and whether or not in relation to the same child before the employee becomes so entitled, then —
the employee is not entitled to childcare leave under section 87A of that Act, or to payment from the employer under section 87A(5) of that Act, for so long as the employee is entitled to childcare leave or extended childcare leave under this section;
any childcare leave taken under section 87A of that Act (before the employee became entitled to childcare leave or extended childcare leave under this section) in a relevant period is treated, for the purposes of this Act, as childcare leave or extended childcare leave taken under this section in that relevant period in relation to the qualifying child;
where the employee has not received any payment from the employer under section 87A(5) of that Act in respect of any childcare leave already taken by the employee under section 87A of that Act, the employee is entitled to payment from the employer under subsection (9) in respect of the childcare leave so taken; and
where the employee has received payment from the employer under section 87A(5) of that Act with respect to the childcare leave taken by the employee under section 87A of that Act, the payment is treated, for the purposes of this Act, as a payment made by the employer to the employee under subsection (9).
(4)
[Deleted by Act 26 of 2013]
(5)
Despite section 87A of the Employment Act 1968, when an employee —
ceases to be entitled to childcare leave and extended childcare leave (whether before, on or after 1 April 2014) under this section; or
ceases to be entitled to childcare leave (whether before, on or after 1 April 2014) and is not entitled to extended childcare leave under this section,but has any child below 7 years of age at any time during any relevant period, the employee’s entitlement (if any) to childcare leave under section 87A of that Act is affected in the following manner:
the employee is entitled to 2 days of childcare leave under section 87A of that Act for that relevant period, if he or she had not taken any childcare leave or extended childcare leave under this section during that relevant period;
the employee is entitled to one day of childcare leave under section 87A of that Act for that relevant period, if he or she had taken one day of childcare leave or extended childcare leave under this section during that relevant period; and
the employee is not entitled to any childcare leave under section 87A of that Act for that relevant period, if he or she had taken 2 or more days in total of childcare leave or extended childcare leave or both under this section during that relevant period.
(6)
[Deleted by Act 33 of 2016]
(7)
The childcare leave and extended childcare leave are in addition to —
the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively, of the Employment Act 1968; and
in the case of childcare leave, any unpaid infant care leave to which an employee may be entitled under section 12D.
(8)
Subject to subsection (2)(b), an employer must grant, and an employee who is entitled to childcare leave or extended childcare leave must take, the entitlement of childcare leave or extended childcare leave (as the case may be) for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —
thereupon ceases to be entitled to that leave; and
is not entitled to any payment in lieu of that leave.
(9)
Subject to subsections (10) and (10A), an employer must pay an employee who is entitled to childcare leave or extended childcare leave (as the case may be) the employee’s gross rate of pay for every day of such leave that is taken by the employee.
(10)
Where an employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from the employer under subsection (9) must not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under subsection (1) and that is taken by the employee.
(10A)
The amount of payment an employee is entitled to receive from the employer under subsection (9) must not exceed $500 for each day of extended childcare leave that the employee is entitled to under subsection (1A) and that is taken by the employee.
(11)
If the employment of an employee who is entitled to childcare leave or extended childcare leave (as the case may be) is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of childcare leave or extended childcare leave (as the case may be) for a relevant period, the employee —
ceases to be entitled to that leave upon the termination of the employment; and
is not entitled to any payment in lieu of that leave.
(11A)
To avoid doubt, the employee ceases to be entitled to any childcare leave or extended childcare leave in respect of a qualifying child, and is not entitled to any payment in lieu of that leave, if —
the qualifying child is adopted by another person, other than jointly with the employee; or
the employee ceases to provide care, protection or supervision as a foster parent to the child under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act.
(12)
Any employer who fails, without reasonable cause, to grant childcare leave to an 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.
(13)
Any employer who fails, without reasonable cause, to grant extended childcare leave to an 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.
(14)
Any employer who fails to pay an 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.
(14A)
Where an employer has been convicted of an offence under subsection (14), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12C or 12CA (as the case may be) which have not been paid to an employee in accordance with this section.
(14B)
Where an employer who is convicted or found guilty of an offence under subsection (12), (13) or (14) 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.
(14C)
For the purposes of subsection (14B), a person is a repeat offender in relation to an offence under subsection (12), (13) or (14) if the person who is convicted or found guilty of an offence under subsection (12), (13) or (14) (called the current offence) has been convicted or found guilty of —
an offence under subsection (12), (13) or (14); or
an offence under section 87A(7) or (7A) of the Employment Act 1968 in force before, on or after 1 May 2013,on at least one other occasion on or after 1 May 2013 and before the date on which the person is convicted or found guilty of the current offence.
(15)
Subject to subsection (5), this section must not be construed as derogating from any other benefits that an employee is entitled to, during any period of childcare leave or extended childcare leave (as the case may be) taken by the employee, under the terms of the employee’s contract of service or under any written law.
(16)
Subject to subsections (16B), (17), (18) and (19) and any regulations made under section 20, where on or after 17 August 2008 any self‑employed person —
has been carrying on a trade, business, profession or vocation for a continuous period of not less than 3 months;
has any child who is below 7 years of age and who is, or who becomes, a qualifying child, at any time during any calendar year;
ceases to be actively engaged in the trade, business, profession or vocation for childcare purposes for not less than 4 days during that calendar year; and
has lost any income by reason of such cessation of active engagement in the trade, business, profession or vocation,the person is entitled to claim from the Government the income the person would otherwise have derived from the trade, business, profession or vocation for —
one day, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 4 days during that calendar year;
2 days, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 5 days during that calendar year; and
3 days, if the person ceased to be actively engaged in the trade, business, profession or vocation for childcare purposes for 6 or more days during that calendar year.
(16A)
Subject to subsections (16B), (18A) and (19), where on or after 1 January 2013 any self‑employed person —
has been carrying on a trade, business, profession or vocation for a continuous period of not less than 3 months;
has any child who is of or above 7 years of age but below 13 years of age and who is, or who becomes, a qualifying child, at any time during any calendar year;
ceases to be actively engaged in the trade, business, profession or vocation for childcare purposes during one or more periods not exceeding 2 days during that calendar year; and
has lost any income by reason of such cessation of active engagement in the trade, business, profession or vocation,the person is entitled to claim from the Government the income the person would otherwise have derived from the trade, business, profession or vocation had the person continued to be actively engaged in such trade, business, profession or vocation, during the period or periods, not exceeding 2 days, in which he or she had ceased to be actively engaged in the trade, business, profession or vocation.
(16B)
Subsections (1B) and (1C) apply to a self‑employed man as they apply to a male employee, with the following modifications:
every reference in those subsections to a male employee is to be read as a reference to a self‑employed man;
every reference in those subsections to childcare leave under subsection (1) is to be read as a reference to a claim from the Government of the income mentioned in subsection (16);
every reference in those subsections to extended childcare leave under subsection (1A) is to be read as a reference to a claim from the Government of the income mentioned in subsection (16A).
(17)
A self-employed woman is not entitled to make a claim under subsection (16) in respect of any period of her cessation of active engagement in her trade, business, profession or vocation for which she is entitled to make a claim under section 9(4) or (4A), or was entitled to make a claim under the repealed section 9(4B) or (4C) or 10A(4) of this Act as in force immediately before 1 January 2017.
(18)
A self-employed person is not entitled to claim from the Government under subsection (16) —
more than 21 days of income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or
any income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes during any period occurring before 17 August 2008.
(18A)
A self-employed person is not entitled to claim from the Government under subsection (16A) —
more than 12 days of income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or
any income lost by reason of his or her cessation of active engagement in his or her trade, business, profession or vocation for childcare purposes during any period occurring before 1 January 2013.
(19)
The amount of payment a self‑employed person is entitled to claim from the Government under subsection (16) or (16A) (as the case may be) must not exceed $500 for each day of the person’s cessation of active engagement in the person’s trade, business, profession or vocation for childcare purposes.
(20)
The amounts of payment referred to in subsections (10), (10A) and (19) are inclusive of any contribution to the Central Provident Fund which an employer, an employee or a self‑employed person is liable to make under the Central Provident Fund Act 1953.
(21)
In this section and sections 12C and 12CA —
Definition
“child”, in relation to an employee or a self‑employed person, includes —
any adopted child or stepchild of the employee or self‑employed person; and
any child to whom the employee or self‑employed person is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act;
Definition
“qualifying child” means a child who is a citizen of Singapore;
Definition
“relevant period”, in relation to an employee, means —
any period of 12 months as is agreed to by the employee and his or her employer; or
where there is no such agreement, a calendar year.