Clause 10

Subject to subsections (2) and (3), section 12AC and any regulations made under section 20, every female employee who applies to adopt a child in accordance with any written law relating to the adoption of children, and who satisfies the requirements of section 12AC, shall be entitled to adoption leave for such period or periods specified in subsection (2). (2) The period or periods of adoption leave referred to in subsection (1) shall be —

a period of 4 weeks commencing not earlier than —

in the case of an application to adopt a child who is a citizen of Singapore, the date the application to adopt is made; and

in the case of an application to adopt a child who is not a citizen of Singapore, the date on which the dependant’s pass in respect of the child is issued; or

one or more periods, not exceeding 24 days in the aggregate, as agreed to between the female employee and her employer, commencing not earlier than —

in the case of an application to adopt a child who is a citizen of Singapore, the date the application to adopt is made; and

in the case of an application to adopt a child who is not a citizen of Singapore, the date on which the dependant’s pass in respect of the child is issued.(3) An employer shall grant, and a female employee who is entitled to adoption leave shall take, the entitlement of adoption leave within a period of 12 months commencing on the date of the birth of the child, and any employee who fails to take that leave within that period —

shall thereupon cease to be entitled to that leave; and

shall not be entitled to any payment in lieu thereof.(4) Subject to subsection (5), an employer shall pay a female employee who is entitled to adoption leave, her gross rate of pay for every day of such leave that is taken by the female employee.(5) The amount of payment that the female employee is entitled to receive from her employer under subsection (4) for adoption leave that the female employee is entitled to take under subsection (1) and that is taken by the female employee shall not exceed $10,000.(6) The amount of payment referred to in subsection (5) shall be inclusive of any contribution to the Central Provident Fund which an employer or an employee is liable to make under the Central Provident Fund Act (Cap. 36).(7) If the employment of a female employee who is entitled to take adoption leave is terminated (whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason) before she has exercised, wholly or partly, her entitlement to adoption leave, she —

shall cease to be entitled to that leave upon termination of her employment; and

shall not be entitled to any payment in lieu thereof.(8) Any employer who fails, without reasonable cause, to grant adoption leave to a female 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.(9) Any employer who fails to pay his female employee in accordance with this section 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.(10) Where an employer has been convicted of an offence under subsection (9), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12AD which have not been paid to a female employee in accordance with this section.(11) Where an employer who is convicted or found guilty of an offence under subsection (8) or (9) is a repeat offender, he 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.(12) For the purposes of subsection (11), a person is a repeat offender in relation to an offence under subsection (8) or (9) if the person who is convicted or found guilty of an offence under subsection (8) or (9) (referred to as the current offence) has been convicted or found guilty of an offence under subsection (8) or (9) on at least one other occasion before the date on which he is convicted or found guilty of the current offence.(13) Nothing in this section shall be construed as derogating from any other benefits that a female employee is entitled to, during any period of adoption leave taken by her, under the terms of her contract of service or under any written law.Adoption leave for self-employed woman12AB.—

Subject to subsections (2) and (3), section 12AC and any regulations made under section 20, every self‑employed woman who applies to adopt a child in accordance with any written law relating to the adoption of children, and who satisfies the requirements of section 12AC shall, if she —

ceases to be actively engaged in her trade, business, profession or vocation during one or more periods, not exceeding 24 days in the aggregate, which shall be within the period of 12 months commencing on the date of the birth of the child; and (b)has lost any income by reason of her ceasing to be actively engaged in such trade, business, profession or vocation, be entitled to claim from the Government any 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 that period or periods referred to in paragraph (a) not exceeding 24 days in the aggregate.(2) A self-employed woman shall not be entitled to claim from the Government under subsection (1) unless her claim for lost income by reason of her cessation of active engagement in her trade, business, profession or vocation relates to one or more periods commencing —

in the case of an application to adopt a child who is a citizen of Singapore, not earlier than the date the application is made; and

in the case of an application to adopt a child who is not a citizen of Singapore, not earlier than the date the dependant’s pass in respect of the child is issued. (3) The amount of payment a self-employed woman shall be entitled to receive from the Government under subsection (1) shall not exceed $10,000. (4) The amount of payment referred to in subsection (3) shall be inclusive of any contribution to the Central Provident Fund which a self-employed woman is liable to make under the Central Provident Fund Act (Cap. 36).Eligibility criteria for adoption leave12AC. Subject to this section, a female employee or a self‑employed woman who applies to adopt a child in accordance with any written law relating to the adoption of children shall be entitled to absent herself from work and to payment by her employer under section 12AA(4), or to payment by the Government under section 12AB(1), as the case may be, if —

in the case of a child who is a citizen of Singapore, the application to adopt is made on or after 1st May 2013;

in the case of a child who is not a citizen of Singapore, the dependant’s pass in respect of the child is issued on or after 1st May 2013;

in the case of a female employee, she has served the employer for at least 3 months immediately preceding the date the application to adopt the child is made, or the date the dependant’s pass in respect of the child is issued, as the case may be;

in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months immediately preceding the date the application to adopt the child is made, or the date the dependant’s pass in respect of the child is issued, as the case may be;

on the date the application to adopt is made, or the dependant’s pass in respect of the child is issued, as the case may be —

the child is below the age of one year; and

the female employee or the self‑employed woman, as the case may be, is lawfully married, widowed or divorced; and

where the child is not a citizen of Singapore and a dependant’s pass in respect of the child has been issued —

in the case of an application to adopt made in the sole name of the female employee or the self‑employed woman, the female employee or the self-employed woman, as the case may be, is a citizen of Singapore on the date the dependant’s pass is issued; and

in the case of an application made in the joint names of the female employee and her husband (referred to in this sub-paragraph as “the other party”), or the self-employed woman and her husband (referred to in this sub-paragraph as “the other party”), either the female employee or the self-employed woman, as the case may be, or the other party to the application is a citizen of Singapore on the date the dependant’s pass is issued.Reimbursement from, or payment by, Government for adoption leave 12AD.—

Subject to subsection (2), where a female employee has received payment from her employer at her gross rate of pay under section 12AA(4), the employer shall be entitled to claim reimbursement from the Government, in accordance with regulations made under section 20, for —

the amount of such payment; and

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.(2) The amount of reimbursement that an employer shall be entitled to claim from the Government in respect of a female employee under subsection (1) shall not exceed $10,000. (3) Where —

the Government has reimbursed an employer for any payment made by the employer to a female employee under subsection (1); and

the child referred to in section 12AA(1) whom the employee has applied to adopt —

is not adopted by that employee within 12 months commencing on the date the application to adopt is made, or the dependant’s pass in respect of the child is issued, as the case may be; and

where the child is not a citizen of Singapore by birth, does not become a citizen of Singapore within 6 months commencing on the date he is adopted by that employee,the Government may recover the payment from that employee as a civil debt.(4) Where —

any payment has been made by the Government to a self‑employed woman under section 12AB(1); and

the child referred to in that section whom the self‑employed woman has applied to adopt —

is not adopted by that self-employed woman within 12 months commencing on the date the application to adopt is made, or the dependant’s pass in respect of the child is issued, as the case may be; and

where the child is not a citizen of Singapore by birth, does not become a citizen of Singapore within 6 months commencing on the date he is adopted by that self-employed woman,the Government may recover the payment from that self‑employed woman as a civil debt.”.