Singapore legislation
Section 9
Section 9
Length of maternity benefit period, etc., for female employee or self-employed woman
(1)
Subject to subsections (2) and (3), sections 9A and 12E and any regulations made under section 20, every female employee who satisfies the requirements of section 9A(1) is entitled to absent herself from work —
during —
the period of 4 weeks immediately before her confinement; and
the period of 12 weeks immediately after her confinement;
during a period of 16 weeks, as agreed to by her and her employer, commencing —
not earlier than 28 days immediately preceding the day of her confinement; and
not later than the day of her confinement; or
during —
a period of 8 weeks, as agreed to by her and her employer, commencing —
not earlier than 28 days immediately preceding the day of her confinement; and
not later than the day of her confinement; and
one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement,and for that period of her absence from work, she is entitled to receive payment from her employer at her gross rate of pay.
(1A)
Subject to subsection (3A), sections 9A and 12E and any regulations made under section 20, every female employee who —
delivers a child who is not a citizen of Singapore at the time of the child’s birth;
satisfies the requirements of section 9A(1A); and
absents herself from work under section 76(1) of the Employment Act 1968,is entitled —
where section 76(1)(a) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —
if the child becomes a citizen of Singapore within the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act (called in this paragraph the specified period) —
(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the specified period; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA);
if the child becomes a citizen of Singapore after the first 4 weeks of, but within, the specified period —
(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and
(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or
if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA);
where section 76(1)(a) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —
if the child becomes a citizen of Singapore within the period referred to in section 76(1)(a)(ii) of that Act (called in this paragraph the specified period) —
(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or
if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA);
where section 76(1)(b) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —
if the child becomes a citizen of Singapore within the first 8 weeks of the period referred to in section 76(1)(b) of that Act (called in this paragraph the specified period) —
(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the specified period; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA);
if the child becomes a citizen of Singapore after the first 8 weeks of, but within, the specified period —
(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and
(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or
if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA);
where section 76(1)(b) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —
if the child becomes a citizen of Singapore within the period referred to in section 76(1)(b) of that Act (called in this paragraph the specified period) —
(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the specified period; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the specified period, or for the agreed flexible period mentioned in subsection (1AA); or
if the child becomes a citizen of Singapore within a period of 4 weeks commencing immediately after the specified period ends, to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA);
(iva)where section 76(1)(a) or (b) of the Employment Act 1968 applies, and the child becomes a citizen of Singapore after the period of 16 weeks, which commences on the first day on which she exercised her entitlement under section 76(1)(a) or (b) (as the case may be) of that Act, but within the period of 12 months commencing on the day of her confinement —
to absent herself from work for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); and
to receive payment from her employer at her gross rate of pay for the further period of 4 weeks or the agreed flexible period under sub‑paragraph (A);
where section 76(1)(c) of the Employment Act 1968 applies and her confinement during which the child is delivered is her first or second specified event —
if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act (called in this paragraph the eight‑week period) —
(AA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or
if the child becomes a citizen of Singapore after the eight‑week period —
(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and
(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement; or
where section 76(1)(c) of the Employment Act 1968 applies and her confinement during which the child is delivered is her third or subsequent specified event —
if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act (called in this paragraph the eight‑week period) —
(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the eight‑week period, and for every period referred to in section 76(1)(c)(ii) of that Act; and
(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or
if the child becomes a citizen of Singapore after the eight‑week period —
(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and
(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement.
(1AA)
1AA
For the purposes of subsection (1A), the agreed flexible period consists of one or more periods where —
each period is of a duration agreed between a female employee and her employer;
the total duration of the period (if only one), or all the periods, is equal to 4 times the employee’s weekly index, or 24 days, whichever is the lower; and
the period (if only one), or all the periods, must commence on or after the day the child becomes a citizen of Singapore and must end on or before the last day of the period of 12 months commencing on the day of her confinement relating to that child.
(1B)
Subject to subsection (3), sections 9A and 12E and any regulations made under section 20, every female employee who —
delivers a child who is not a citizen of Singapore at the time of the child’s birth;
satisfies the requirements of section 9A(1A); and
is not entitled to absent herself from work under section 76(1) of the Employment Act 1968,is entitled to absent herself from work during, and to receive payment from her employer at her gross rate of pay for —
the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 16 weeks commencing on the day of her confinement;
if the child becomes a citizen of Singapore within the period of 8 weeks commencing on the day of her confinement —
the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 8 weeks commencing on the day of her confinement; and
one or more than one later period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or
if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, one or more than one period, each being of a duration that is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement.
(2)
Where a female employee has worked in her employment for any day during the benefit period before her confinement, she is entitled —
to receive, in addition to her gross rate of pay for that day, an amount that is equivalent to a day’s pay at the gross rate of pay; or
to absent herself from work on another day at the end of the benefit period.
(2A)
Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement under subsection (1), (1A) or (1B) to absent herself from work, she forfeits the following upon the termination of her employment:
the entitlement (or the balance of that entitlement) under subsection (1), (1A) or (1B) (as the case may be) to absent herself from work;
the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).
(3)
Without affecting section 84 or 84A of the Employment Act 1968, where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation), before she has exercised, wholly or partly, her entitlement to absent herself from work during —
a period mentioned in subsection (1)(c)(ii), (1A)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB) or (1B)(ii)(B) or (iii); or
the agreed flexible period applicable to her under subsection (1A),she forfeits the following upon the termination of her employment:
the entitlement (or the balance of that entitlement) to absent herself from work during any of the applicable periods mentioned in paragraph (a) or (b);
the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (c).
(3A)
To avoid doubt, where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in section 76(1)(c)(ii) of the Employment Act 1968, she forfeits her entitlement (or the balance of that entitlement) to receive payment from her employer at her gross rate of pay for that period under subsection (1A)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA) upon the termination of her employment.
(4)
Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —
satisfies the requirements of section 9A(1);
ceases to be actively engaged in her trade, business, profession or vocation —
during —
the period of 4 weeks immediately before her confinement; and
the period of 12 weeks immediately after her confinement;
during a period of 16 weeks commencing —
not earlier than 28 days immediately preceding the day of her confinement; and
not later than the day of her confinement; or
during —
a period of 8 weeks commencing —
(AA)not earlier than 28 days immediately preceding the day of her confinement; and
(AB)not later than the day of her confinement; and
one or more than one later period —
(BA)all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and
(BB)all of which are within the period of 12 months commencing on the day of her confinement; and
has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation,is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5).
(4A)
Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —
delivers a child who is not a citizen of Singapore at the time of the child’s birth;
satisfies the requirements of section 9A(1A);
ceases to be actively engaged in her trade, business, profession or vocation —
during the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 16 weeks commencing on the day of her confinement;
if the child becomes a citizen of Singapore within the period of 8 weeks commencing on the day of her confinement, during —
the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 8 weeks commencing on the day of her confinement; and
one or more than one later period —
(BA)all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and
(BB)all of which are within the period of 12 months commencing on the day of her confinement; or
if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, during one or more than one period, all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower), and all of which commence on or after the day the child becomes a citizen of Singapore and are within the period of 12 months commencing on the day of her confinement; and
has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation,is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5).
(5)
A self-employed woman is entitled to receive payment from the Government —
if her confinement mentioned in subsection (4) or (4A) is her first or second specified event —
under subsection (4), for the period of her cessation of active engagement in her trade, business, profession or vocation which is after the first 8 weeks of the cessation; or
under subsection (4A), for a period of her cessation of active engagement in her trade, business, profession or vocation which —
does not exceed 8 weeks; and
is after a period of 8 weeks commencing not earlier than 28 days immediately preceding the date of that confinement, during which she ceases to be actively engaged in her trade, business, profession or vocation; and
if her confinement mentioned in subsection (4) or (4A) is her third or subsequent specified event, under subsection (4) or (4A), for the whole period of her cessation of active engagement in her trade, business, profession or vocation.
(5A)
Unless disqualified by subsection (6), and subject to section 9A and any regulations made under section 20, every woman who is or was a female employee or a self‑employed woman, who delivers a child and satisfies the requirements under section 9A(2), is entitled to claim from the Government —
an amount equivalent to 56 days of her total income during such period before delivery as may be prescribed, where her confinement during which the child is delivered is her first or second specified event; or
an amount equivalent to 112 days of her total income during such period before delivery as may be prescribed, where her confinement during which the child is delivered is her third or subsequent specified event.
(6)
Except as provided in subsections (6A) and (6B), a woman who is or was a female employee or a self‑employed woman is not entitled to claim any payment from the Government under subsection (5A) if —
she is also a female employee who is entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), in respect of the same confinement, regardless of whether she has forfeited the whole or part of her entitlement to absent herself from work or to receive payment from her employer under subsection (2A), (3) or (3A), as the case may be;
she is also a self-employed woman who is entitled to claim from the Government her lost income under subsection (4) or (4A), in respect of the same confinement; or
she is also a female employee who, before her child became a citizen of Singapore, is entitled to absent herself from work or to receive payment from any employer under section 76 of the Employment Act 1968, in respect of the same confinement, regardless of whether she has forfeited the whole or part of her entitlement to absent herself from work or to receive payment from the employer under section 76(5A) or (6) of that Act.
(6A)
Subsection (6) and section 12M do not disqualify a female employee from claiming payment from the Government under subsection (5A) in respect of any period when she is on leave of absence without pay granted by her employer at her request, if the leave is for a continuous period ending at least 12 months after the date of the delivery mentioned in subsection (5A).
(6B)
Subsections (3), (3A) and (6) do not disqualify a female employee from claiming payment from the Government under subsection (5A) if she would have been entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), or section 76(1)(a), (b) or (c) or (1A) of the Employment Act 1968, had her employment not been terminated by reason of one of the following:
upon the completion of her contract of service;
on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work.
(7)
In subsection (5A), “total income”, in relation to a period prescribed for the purposes of subsection (5A), means —
in the case of a female employee who is or was employed by one or more employers in that period, the total gross rate of pay which she is entitled to receive from all her employers in respect of that period;
in relation to a woman who is or was self‑employed, the income she derived from her trade, business, profession or vocation during the prescribed period; and
in relation to a woman who is or was both a female employee and a self‑employed woman in that period, the aggregate of —
the total gross rate of pay which she is entitled to receive from all her employers in respect of the period she was employed during the prescribed period; and
the income she derived from her trade, business, profession or vocation, where she was self‑employed, during the prescribed period.
(8)
Despite subsection (7), “total income” in subsection (5A) excludes the gross rate of pay that a female employee is entitled to receive from her employer in respect of the period she was employed by that employer during the period prescribed for the purposes of subsection (5A), if —
upon the making of any representations to the Minister charged with the responsibility for manpower under section 35 of the Industrial Relations Act 1960, that Minister is satisfied that the female employee was dismissed with just cause or excuse by that employer before her confinement;
an Employment Claims Tribunal has decided, after hearing a claim mentioned in section 14(2) or 84(2) of the Employment Act 1968, that the female employee was dismissed with just cause or excuse, or for sufficient cause, by that employer before her confinement; or
any other court of competent jurisdiction in Singapore has decided that the female employee was dismissed with just cause or excuse, or for sufficient cause, by that employer before her confinement.