Clause 8

Subject to subsections (2) and (3), where —

either of the following applies to a female employee:

her confinement occurred between 17th August 2008 and 30th October 2008 (both dates inclusive), and her estimated delivery date (as certified by a medical practitioner) for that confinement is before 31st October 2008; or

her confinement occurred before 17th August 2008, but her estimated delivery date (as certified by a medical practitioner) for that confinement is between 17th August 2008 and 30th October 2008 (both dates inclusive);

she otherwise satisfies the requirements set out in section 9A(1), (1A), (1B) or (1C);

her employer has granted her leave of absence for —

such period referred to in section 9(1)(a), (b) or (c) as may be applicable to her, if she satisfies the requirements set out in section 9A(1);

such period referred to in section 76(1) of the Employment Act (Cap. 91) and section 9(1A) or in section 9(1B) as may be applicable to her, if she satisfies the requirements set out in section 9A(1A);

such period referred to in section 76(1) of the Employment Act and section 9(1C) or in section 9(1D) as may be applicable to her, if she satisfies the requirements set out in section 9A(1B); or

such period referred to in section 76(1) of the Employment Act and section 9(1E) or in section 9(1F) as may be applicable to her, if she satisfies the requirements set out in section 9A(1C);

she absents herself from work during the whole or any part of the period applicable to her; and

she has received payment from her employer at her gross rate of pay during such period of absence,the employer shall be entitled to claim reimbursement from the Government in accordance with any regulations made under section 20 for the payments referred to in subsection (2).(2) The payments for which an employer shall be entitled to be reimbursed by the Government under subsection (1) shall be —

in respect of the first or second confinement of a female employee —

the amount paid to the employee —

if she absented herself from work during such period referred to in section 9(1)(a), (b) or (c) as may be applicable to her, for the period of her absence from work which is after the first 8 weeks of such absence;

if she absented herself from work during such period referred to in section 76(1) of the Employment Act (Cap. 91) and section 9(1A)(i), (iii) or (v), (1C)(i), (iii) or (v) or (1E)(i), (iii) or (v) as may be applicable to her, for the period of her absence from work after the first 8 weeks of such absence as she would have been entitled to receive payment under section 9(1A)(i), (iii) or (v), (1C)(i), (iii) or (v) or (1E)(i), (iii) or (v), as the case may be; or

if she absented herself from work during such period referred to in section 9(1B)(i), (ii) or (iii), (1D)(i), (ii) or (iii) or (1F)(i), (ii) or (iii) as may be applicable to her —

any contribution which the employer has made under the Central Provident Fund Act (Cap. 36) in respect of such payment which is not recoverable from the employee’s wages; and

in respect of the third or subsequent confinement of a female employee —

the amount paid to the employee for the whole period of her absence from work; and

any contribution which the employer has made under the Central Provident Fund Act in respect of such payment which is not recoverable from the employee’s wages.(3) The amount of reimbursement an employer shall be entitled to claim from the Government under subsection (1) in respect of a female employee —

where subsection (2)(a) applies —

shall not exceed $10,000 for every 4 weeks or 24 days, as the case may be, of the employee’s absence from work; and

shall not exceed a total of $20,000; and

where subsection (2)(b) applies —

shall not exceed $10,000 for every 4 weeks or 24 days, as the case may be, of the employee’s absence from work; and

shall not exceed a total of $40,000.(4) Subject to subsections (5) and (6), where —

either of the following applies to a self-employed woman:

her confinement occurred between 17th August 2008 and 30th October 2008 (both dates inclusive), and her estimated delivery date (as certified by a medical practitioner) for that confinement is before 31st October 2008; or

her confinement occurred before 17th August 2008, but her estimated delivery date (as certified by a medical practitioner) for that confinement is between 17th August 2008 and 30th October 2008 (both dates inclusive);

she otherwise satisfies the requirements set out in section 9A(1), (1A), (1B) or (1C);

she ceases or has ceased to be actively engaged in her trade, business, profession or vocation during the whole or part of —

such period referred to in section 9(4)(a), (b) or (c) as may be applicable to her, if she satisfies the requirements set out in section 9A(1);

such period referred to in section 9(4A)(c)(i), (ii) or (iii) as may be applicable to her, if she satisfies the requirements set out in section 9A(1A);

such period referred to in section 9(4B)(c)(i), (ii) or (iii) as may be applicable to her, if she satisfies the requirements set out in section 9A(1B); or

such period referred to in section 9(4C)(d)(i), (ii) or (iii) as may be applicable to her, if she satisfies the requirements set out in section 9A(1C); and

she has lost any income by reason of her ceasing to be actively engaged in such trade, business, profession or vocation during the whole or any part of the period applicable to her,she shall be entitled to claim from the Government, in accordance with any regulations made under section 20, the income 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 such period referred to in subsection (5) as may be applicable.(5) A self-employed woman referred to in subsection (4) who ceases or has ceased to be actively engaged in her trade, business, profession or vocation because of her confinement shall be entitled to receive payment from the Government under that subsection —

in respect of her first or second confinement —

if such cessation occurred during such period referred to in section 9(4)(a), (b) or (c) as may be applicable to her, for a period of such cessation which is after the first 8 weeks of such cessation; or

if such cessation occurred during such period referred to in section 9(4A)(c)(i), (ii) or (iii), (4B)(c)(i), (ii) or (iii) or (4C)(d)(i), (ii) or (iii) as may be applicable to her, for a period of such cessation which —

is after the first 8 weeks of such cessation; and

does not exceed 8 weeks; and

in respect of her third or subsequent confinement, for the whole period of her cessation of active engagement in her trade, business, profession or vocation.(6) The amount of payment that a self-employed woman shall be entitled to receive from the Government under subsection (4) —

in respect of her first or second confinement, for the period referred to in subsection (5)(a)(i) or (ii) —

shall not exceed $10,000 for every 4 weeks or 24 days, as the case may be, of her cessation of active engagement in her trade, business, profession or vocation; and

shall not exceed a total of $20,000; and

in respect of her third or subsequent confinement, for the period referred to in subsection (5)(b) —

shall not exceed $10,000 for every 4 weeks or 24 days, as the case may be, of her cessation of active engagement in her trade, business, profession or vocation; and

shall not exceed a total of $40,000.”.