Singapore legislation
Clause 9
Clause 9
Length of benefit period, etc.
(1)
Notwithstanding section 76(4) of the Employment Act (Cap. 91) and subject to this section and any regulations made under this Act, every female employee shall be entitled to absent herself from work —
during the period of 4 weeks immediately before and the period of 4 weeks immediately after her confinement; or
during the 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 or later than that day,and for such period (referred to in this Part as the benefit period) she shall be entitled to receive payment from her employer at her gross rate of pay in accordance with the regulations made under section 20.
(2)
A self-employed woman who —
ceases to be actively engaged in her trade, business, profession or vocation —
during the period of 4 weeks immediately before and the period of 4 weeks immediately after her confinement; or
during the period of 8 weeks, commencing not earlier than 28 days immediately preceding the day of her confinement or later than that day; and
has lost any income by reason of her ceasing to be actively engaged in such trade, business, profession or vocation,shall be entitled to claim from the Government, in accordance with the regulations made under section 20, the income she would have otherwise derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during that period.
(3)
No woman shall be entitled to absent herself from work under subsection (1) or to payment under subsection (1) or (2) unless —
the child who is the subject of her confinement —
is a citizen of Singapore at the time of his birth;
is born alive on or after 1st April 2001; and
is the third child born alive to her;
she —
is lawfully married to the child’s natural father at the time the child is conceived; or
becomes lawfully married to the child’s natural father after the child is conceived but before the child’s birth, whether or not such marriage remains subsisting at the time of the child’s birth;
in the case of a female employee, she has served the employer for not less than 180 days immediately preceding the day of her confinement; and
in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of not less than 180 days immediately preceding the day of her confinement.
(4)
Notwithstanding subsection (3)(a)(ii), a female employee or self-employed woman who has given birth to a child before 1st April 2001 but has satisfied all the other requirements specified in subsection (3) shall —
in the case of a female employee, be entitled to payment by her employer of her gross rate of pay in accordance with subsection (5) if she has been granted maternity leave for the benefit period and such leave has not been completely consumed by 1st April 2001; and
in the case of a self-employed woman who has ceased to be actively engaged in her trade, business, profession or vocation during the period referred to in subsection (2), be entitled to claim from the Government in accordance with subsection (6), such income as she would otherwise have derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during that period.
(5)
A female employee referred to in subsection (4)(a) shall only be entitled to her gross rate of pay in respect of that period of her maternity leave which remains unconsumed on 1st April 2001.
(6)
A self-employed woman referred to in subsection (4)(b) shall only be entitled to claim the income she would have derived from her trade, business, profession or vocation for that part of the period referred to in subsection (2) which remains unexhausted on 1st April 2001.
(7)
Notwithstanding anything in this section, no woman shall be entitled to any payment under this section —
if she is also entitled to payment under section 76 of the Employment Act (Cap. 91) in respect of the confinement to which this section applies; and
in excess of the amount of $20,000 (which amount shall be inclusive of any contribution to the Central Provident Fund which an employer, a female employee or self-employed woman is liable to make under the Central Provident Fund Act (Cap. 36)) regardless of —
the gross rate of pay to which she would normally have been entitled under the terms of her contract of service; or
the income she would have otherwise derived from her trade, business, profession or vocation.
(8)
Nothing in this section shall be construed as derograting from any other benefits that the female employee is entitled to during the benefit period under the terms of her contract of service or under any other written law.