Clause 16

by deleting paragraphs (c) and (d) of section 9A(1), (1A), (1B) and (1C) and substituting in each case the following paragraphs:“(c)in the case of a female employee —

whose confinement occurs before the date of commencement of section 16(a) of the Employment (Amendment) Act 2015, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before that date, she has served the employer for at least 3 months immediately preceding the day of her confinement; and

whose confinement occurs on or after the date of commencement of section 16(a) of the Employment (Amendment) Act 2015, or whose confinement occurs before that date but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after that date, she has served her employer for a period of at least 3 months preceding the day of her confinement; and

in the case of a self-employed woman —

whose confinement occurs before the date of commencement of section 16(a) of the Employment (Amendment) Act 2015, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before that date, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months immediately preceding the day of her confinement; and

whose confinement occurs on or after the date of commencement of section 16(a) of the Employment (Amendment) Act 2015, or whose confinement occurs before that date but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after that date, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months preceding the day of her confinement.”;

by deleting the words “at least 3 months immediately preceding” in section 12AC(c) and substituting the words “a period of at least 3 months preceding”;

by deleting the word “immediately” in section 12AC(d);

by deleting the words “at least 3 months immediately preceding” in section 12I(1)(d) and substituting the words “a period of at least 3 months preceding”;

by deleting the word “immediately” in section 12I(1)(e);

by deleting the words “at least 3 months immediately preceding” in section 12I(2)(d) and substituting the words “a period of at least 3 months preceding”;

by deleting the word “immediately” in section 12I(2)(e); and

by inserting, immediately after section 12L, the following section:“No payment under this Part on certain days for employee on leave of absence without pay12M.—

No female employee is entitled to any payment under this Part for any day on which the female employee is entitled to be absent from work or receive payment under section 9(1), (1A), (1B), (1C), (1D), (1E) or (1F), if that day falls on a day the female employee takes leave of absence without pay granted by the employer at the female employee’s request.(2) No employee is entitled to take —

paid adoption leave;

paid childcare leave or paid extended childcare leave;

paid shared parental leave; or

paid paternity leave,under this Part on a day the employee takes leave of absence without pay granted by the employer at the employee’s request.”.