Clause 21

by deleting the words “6 months” in section 76(1)(c)(ii) and substituting the words “12 months”;

by deleting subsection (2) of section 76 and substituting the following subsections:“(2) A female employee who delivers a child before 31st October 2008, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 31st October 2008, shall not be entitled to any pay during the benefit period if she has served her employer for less than 180 days immediately preceding the day of her confinement.(2A) A female employee who delivers a child on or after 31st October 2008, or who delivers a child before 31st October 2008 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after 31st October 2008, shall not be entitled to any pay during the benefit period if she has served her employer for less than 90 days immediately preceding the day of her confinement.”;

by deleting the words “Subject to the provisions of this Part,” in section 81 and substituting the words “Without prejudice to sections 84 and 84A,”;

by deleting subsection (1) of section 84 and substituting the following subsections:“(1) Without prejudice to sections 81 and 84A, no notice of dismissal given without sufficient cause by an employer to a female employee which —

if given before 31st October 2008, is given —

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

within a period of 3 months preceding the date of her confinement; or

if given on or after 31st October 2008, is given —

within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

within a period of 6 months preceding the date of her confinement,shall have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.(1A) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) shall be the estimated delivery date —

which is certified by a medical practitioner before the notice of dismissal is given by her employer; and

the date of such certification of which is closest to the date the notice of dismissal is given.”;

by deleting “$5,000” in section 84(6) and substituting “$10,000”;

by deleting the marginal note to section 84 and inserting the following section heading:“Right to benefit unaffected by notice of dismissal given without sufficient cause”;

by inserting, immediately after section 84, the following section:“Right to benefit unaffected by notice of dismissal given on ground of redundancy or by reason of reorganisation of employer’s profession, business, trade or work84A.—

Without prejudice to sections 81 and 84, no notice of dismissal given to a female employee by her employer on or after 31st October 2008 on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

within a period of 3 months preceding the date of her confinement,shall have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.(2) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) shall be the estimated delivery date —

which is certified by a medical practitioner before the notice of dismissal is given by her employer; and

the date of such certification of which is closest to the date the notice of dismissal is given.(3) The payment referred to in subsection (1) shall be in addition to any retrenchment benefit or other payment to which the female employee is entitled under the terms of her contract of service or under any other written law.”;

by deleting the word “Nothing” in section 85 and substituting the words “Subject to subsection (2), nothing”;

by renumbering section 85 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) Subsection (1) shall not apply to any female employee in respect of any confinement of hers which occurs, or the estimated delivery date (as certified by a medical practitioner) of which is, on or after 31st October 2008.”;

by deleting “$1,000” in section 87 and substituting “$5,000”;

by deleting the words “in respect of a child in the relevant period in which the child was born” in section 87A(2)(b)(i) and substituting the words “in that relevant period”;

by deleting the words “in respect of the child” in section 87A(2)(b)(ii); and

by deleting subsection (7) of section 87A and substituting the following subsections:“(7) Any employer who contravenes subsection (5) 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; and

for a subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(7A) 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; and

for a subsequent offence, to a fine not exceeding $10,000.”.