Singapore legislation
Section 12E
Section 12E
Length of benefit period, etc., in respect of shared parental leave
(1)
This section applies to a male employee or a self‑employed man, if —
he is —
the natural father of a child and satisfies the requirements of section 12F(1); or
the adoptive father of a child and satisfies the requirements of section 12F(1A); and
the appropriate applicant in subsection (6) has made an election under subsection (5) for him, or subsection (7B) entitles him —
to take shared parental leave, in accordance with subsection (2); or
to claim lost income in accordance with subsection (3).
(2)
Subject to this section and section 12F and any regulations made under section 20, the male employee mentioned in subsection (1) is entitled —
to absent himself from work on shared parental leave, within the period of 12 months commencing on the date of the child’s birth, for —
one period equal in duration to N weeks;
more than one period, each being of one or more whole weeks, and all of which in aggregate are equal in duration to N weeks; or
more than one period, each being of a duration that is agreed between him and his employer, and all of which in aggregate are equal in duration to N times the lower of the male employee’s weekly index or 6 days; and
to receive from his employer his gross rate of pay for each day of such leave that is taken by him.
(3)
Subject to this section and section 12F and any regulations made under section 20, if the self‑employed man mentioned in subsection (1) —
within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, all of which in aggregate are equal in duration to N times the lower of the self‑employed man’s weekly index or 6 days; and
has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation,he is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (a).
(4)
The adoptive father of a child can do either of the following only after the eligibility date of the adoptive father’s joint application with the child’s adoptive mother to adopt the child:
take shared parental leave in accordance with subsection (2);
claim lost income in accordance with subsection (3).
(5)
Subject to subsection (7B), the appropriate applicant mentioned in subsection (6) may make an election for the natural father or adoptive father (as the case may be) of the child —
to take N weeks of shared parental leave in accordance with subsection (2); or
to claim N weeks of lost income in accordance with subsection (3).
(5A)
An election under subsection (5) —
must be made in such form and manner as the Minister may provide;
must be made within a period which commences after the prescribed week of pregnancy and ends on the last day of the period of 12 months commencing on the date of the child’s birth; and
except as otherwise provided in subsection (9A) or by any regulations made under section 20, is irrevocable.
(6)
The appropriate applicant is —
in relation to a natural father of a child mentioned in subsection (1)(a)(i) — the mother of the child, being a female employee to whom section 9(1), (1A) or (1B) applies or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child;
in relation to an adoptive father of a child mentioned in subsection (1)(a)(ii) — the adoptive mother of the child, being —
a female employee to whom section 12AA applies, or a self‑employed woman to whom section 12AB applies, in respect of an application to adopt the child; or
a female employee to whom section 9(1), (1A) or (1B) or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child.
(7)
Where a female employee makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the female employee’s entitlement under section 9(1), (1A) or (1B) in respect of her delivery of the child, or under section 12AA in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement.
(7A)
Where a self-employed woman makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the self‑employed woman’s entitlement under section 9(4) or (4A) in respect of her delivery of the child, or under section 12AB in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement.
(7B)
Subject to subsection (7C), where an appropriate applicant mentioned in subsection (6) —
dies before making an election under subsection (5); or
revokes an election in accordance with the regulations mentioned in subsection (5A)(c) but dies before making a new election,the male employee or self‑employed man who is the natural father or adoptive father mentioned in subsection (1)(a) is entitled to take shared parental leave in accordance with subsection (2) or to claim lost income in accordance with subsection (3), as the case may be —
in the case of the natural father of the child where the appropriate applicant was the natural mother of the child — for N weeks of the mother’s entitlement as a female employee under section 9(1), (1A) or (1B), or as a self‑employed woman under section 9(4) or (4A) (whichever is applicable), in respect of her delivery of the child, that she did not consume before her death; and
in the case of the adoptive father of the child where the appropriate applicant was the adoptive mother of the child — for N weeks of the adoptive mother’s entitlement that she did not consume before her death under one of the following provisions:
if there was an application to adopt the child — section 12AA (in the case of a female employee) or section 12AB (in the case of a self‑employed woman);
if the child was delivered by the appropriate applicant — section 9(1), (1A) or (1B) (in the case of a female employee) or section 9(4) or (4A) (in the case of a self‑employed woman).
(7C)
The shared parental leave or lost income under subsection (7B)(c) or (d) must not exceed N weeks of such leave or lost income, as the case may be.
(8)
In this section and sections 12F and 12G, “N” is —
the integer 1, 2, 3 or 4, as specified by the appropriate applicant mentioned in subsection (6) in her election made under subsection (5); or
if subsection (7B) applies, the number of whole weeks of the appropriate applicant’s unconsumed entitlement mentioned in subsection (7B)(c) or (d) (whichever is applicable), which must not exceed 4.
(9)
Subject to any regulations made under section 20 that provide otherwise, a male employee or self‑employed man forfeits any part of his entitlement under subsection (2) or (3) that is not consumed within the period of 12 months commencing on the date of the child’s birth.
(9A)
Subject to any regulations made under section 20 that provide otherwise, if, at any time after a child’s natural mother or adoptive mother makes an election under subsection (5) but within the period of 12 months commencing on the date of the child’s birth —
the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or
the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation,then —
the election is revoked as regards each whole week of the father’s entitlement under subsection (2) or (3) that is not consumed at the time his employment is terminated or he ceases to be actively engaged in his trade, business, profession or vocation (as the case may be); and
any remaining period of that entitlement is forfeited.
(9B)
If, at any time after the death of the appropriate applicant but within the period of 12 months commencing on the date of the child’s birth —
the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or
the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation,then —
the father’s entitlement under subsection (7B)(c) or (d) is reduced to the number of whole weeks of shared parental leave that he has not consumed by the time his employment is terminated, or he ceases to be actively engaged in his trade, business, profession or vocation, as the case may be;
any remaining days of the entitlement under subsection (7B)(c) or (d) that do not constitute a whole week are forfeited; and
the reduced entitlement under paragraph (c) may be consumed by the father in the course of his re‑employment with the same or another employer, or upon his active engagement in his trade, business, profession or vocation.
(10)
Any employer who fails, without reasonable cause, to grant shared parental leave to a male 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.
(11)
Any employer who fails to pay a male employee in accordance with this section and section 12F 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.
(12)
Where an employer has been convicted of an offence under subsection (11), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12G which have not been paid to a male employee in accordance with this section and section 12F.
(13)
Where an employer who is convicted or found guilty of an offence under subsection (10) or (11) 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.
(14)
For the purposes of subsection (13), a person is a repeat offender in relation to an offence under subsection (10) or (11) if the person who is convicted or found guilty of an offence under subsection (10) or (11) (called the current offence) has been convicted or found guilty of an offence under subsection (10) or (11) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.
(15)
This section and section 12F apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive, and in that case, the reference to the mother of the child who is the appropriate applicant is to be read as a reference to the mother of the stillborn child.