Clause 21

by deleting subsections (2) and (2A) of section 76 and substituting the following subsections:“(2) A female employee who delivers a child before 1st May 2013, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 1st May 2013, 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.(2A) A female employee who delivers a child —

on or after 1st May 2013; or (b)before 1st May 2013 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after 1st May 2013,shall not be entitled to any pay during the benefit period if she has served her employer for less than 3 months immediately preceding the day of her confinement.”;

by deleting subsection (1) of section 84 and substituting the following subsection:“(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 1st May 2013, 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;

if given on or after 1st May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or

if given on or after 1st May 2013 but before 1st August 2013 and where the female employee has served the employer for a period of less than 3 months, 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.”;

by deleting subsection (1) of section 84A and substituting the following subsection:“(1) Without prejudice to sections 81 and 84, no notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —

if given before 1st May 2013, 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;

if given on or after 1st May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or

if given on or after 1st May 2013 but before 1st August 2013 and where the female employee has served the employer for a period of less than 3 months, 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,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.”;

by repealing section 85;

by repealing section 87 and substituting the following section:“Offences and penalties87.—

Any employer who —

fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for such leave; (b)fails to pay his female employee in accordance with any of the provisions of this Part (other than section 87A); or

acts in contravention of section 81,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.(2) Any employer who is guilty of an offence under section 82 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.(3) Where an employer who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 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.(4) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1)(a), (b) or (c) or section 82 if the person who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 (referred to as the current offence) has been convicted or found guilty of —

an offence under subsection (1)(a), (b) or (c) or section 82; or

an offence under section 17(1) of the Child Development Co-Savings Act (Cap. 38A) 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.”; and

by deleting subsections (7) and (7A) 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.(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 or to imprisonment for a term not exceeding 6 months or to both.(7B) Where an employer who is convicted or found guilty of an offence under subsection (7) or (7A) 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.(7C) For the purposes of subsection (7B), a person is a repeat offender in relation to an offence under subsection (7) or (7A) if the person who is convicted or found guilty of an offence under subsection (7) or (7A) (referred to as the current offence) has been convicted or found guilty of —

an offence under subsection (7) or (7A);

an offence under section 12B(12) or (14) of the Child Development Co-Savings Act (Cap. 38A) in force before, on or after 1st May 2013; or

an offence under section 12B(13) of the Child Development Co-Savings Act,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.”.