Clause 11

by inserting, immediately after the words “childcare leave” in subsection (1), the words “(referred to in this section and section 12CA as childcare leave)”;

by inserting, immediately after subsection (1), the following subsection:“(1A) Subject to subsection (2) and any regulations made under section 20, where any employee —

has served an employer for a period of not less than 3 months; and

has any child who is of or above the age of 7 years but below the age of 13 years, and who is, or who becomes, a qualifying child, at any time during any relevant period,the employee shall be entitled to 2 days of extended childcare leave (referred to in this section and section 12CA as extended childcare leave) for that relevant period.”;

by deleting paragraph (a) of subsection (2) and substituting the following paragraph:“(a)shall not be entitled to —

more than 42 days of childcare leave in respect of any qualifying child;

more than 12 days of extended childcare leave in respect of any qualifying child; and

more than a combined total of 6 days of childcare leave and extended childcare leave during any relevant period;”;

by inserting, immediately after the words “childcare leave” in subsection (2)(b)(i) and (ii), the words “or extended childcare leave”; (e)by inserting, immediately after subsection (6), the following subsection:“(6A) Where —

an employee satisfies the requirements under subsection (1A)(a) and (b);

between 1st January 2013 and 30th April 2013 (both dates inclusive), his employer has granted him, and he has taken, any leave of absence for childcare purposes (not being any other leave of absence to which he is entitled under any written law) in accordance with this section; and

he has received payment from his employer at his gross rate of pay for the period of such leave of absence for childcare purposes, then —

such leave of absence for childcare purposes shall be treated, for the purposes of this Act, as extended childcare leave under this section; and

the payment referred to in paragraph (c) shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9).”;

by deleting subsections (7), (8) and (9) and substituting the following subsections:“(7) The childcare leave and extended childcare leave shall be in addition to —

the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 43 and 89, respectively, of the Employment Act; and

in the case of childcare leave, any unpaid infant care leave to which an employee may be entitled under section 12D.(8) Subject to subsection (2)(b), an employer shall grant, and an employee who is entitled to childcare leave or extended childcare leave shall take, the entitlement of childcare leave or extended childcare leave, as the case may be, for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —

shall thereupon cease to be entitled to that leave; and

shall not be entitled to any payment in lieu thereof.(9) Subject to subsections (10) and (10A), an employer shall pay an employee who is entitled to childcare leave or extended childcare leave, as the case may be, his gross rate of pay for every day of such leave that is taken by the employee.”;

by inserting, immediately after subsection (10), the following subsection:“(10A) The amount of payment an employee is entitled to receive from his employer under subsection (9) shall not exceed $500 for each day of extended childcare leave that the employee is entitled to under subsection (1A) and that is taken by the employee.”;

by deleting subsections (12), (13) and (14) and substituting the following subsections:“(12) 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 or to imprisonment for a term not exceeding 6 months or to both.(13) Any employer who fails, without reasonable cause, to grant extended 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 or to imprisonment for a term not exceeding 6 months or to both.(14) Any employer who fails to pay his 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.(14A) Where an employer has been convicted of an offence under subsection (14), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12C or 12CA, as the case may be, which have not been paid to an employee in accordance with this section.(14B) Where an employer who is convicted or found guilty of an offence under subsection (12), (13) or (14) 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.(14C) For the purposes of subsection (14B), a person is a repeat offender in relation to an offence under subsection (12), (13) or (14) if the person who is convicted or found guilty of an offence under subsection (12), (13) or (14) (referred to as the current offence) has been convicted or found guilty of —

an offence under subsection (12), (13) or (14); or

an offence under section 87A(7) or (7A) of the Employment Act in force before, on or after 1st May 2013,on at least one other occasion on or after 1st May 2013 and before the date on which he is convicted or found guilty of the current offence.”;

by inserting, immediately after the words “childcare leave” in subsections (11) and (15), the words “or extended childcare leave, as the case may be,”;

by inserting, immediately after subsection (16), the following subsection:“(16A) Subject to subsections (18A) and (19), where on or after 1st January 2013 any self-employed person —

has been carrying on his trade, business, profession or vocation for a continuous period of not less than 3 months;

has any child who is of or above the age of 7 years but below the age of 13 years, and who is, or who becomes, a qualifying child, at any time during any calendar year;

ceases to be actively engaged in his trade, business, profession or vocation for childcare purposes during one or more periods not exceeding 2 days during that calendar year; and

has lost any income by reason of such cessation of active engagement in his trade, business, profession or vocation,he shall be entitled to claim from the Government the income he would otherwise have derived from his trade, business, profession or vocation had he continued to be actively engaged in such trade, business, profession or vocation, during the period or periods, not exceeding 2 days, in which he had ceased to be actively engaged in his trade, business, profession or vocation.”;

by inserting, immediately after subsection (18), the following subsection:“(18A) A self-employed person shall not be entitled to claim from the Government under subsection (16A) —

more than 12 days of income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or

any income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes during any period occurring before 1st January 2013.”; (l)by inserting, immediately after the words “subsection (16)” in subsection (19), the words “or (16A), as the case may be,”;

by inserting, immediately after the words “subsections (10)” in subsection (20), “, (10A)”;

by deleting the words “sections 11 and 12C” in subsection (21) and substituting the words “sections 11, 12C and 12CA”;

by deleting the definition of “qualifying child” in subsection (21) and substituting the following definition:“ “qualifying child” means a child who is a citizen of Singapore;”; and

by deleting the section heading and substituting the following section heading:“Childcare leave and extended childcare leave and benefits for parent of qualifying child”.