Clause 17

by deleting the words “but in aggregate no shorter than as reckoned in accordance with Part III of the Schedule or 6 days, whichever is the lower,” in subsection (1)(b) and substituting the words “, all of which in aggregate are equal in duration to the employee’s weekly index or 6 days (whichever is the lower), and”;

by deleting the words “that is in aggregate no shorter than as reckoned in accordance with Part III of the Schedule or 6 days, whichever is the lower” in subsection (3)(a) and substituting the words “, all of which in aggregate are equal in duration to his weekly index or 6 days (whichever is the lower)”; (c)by deleting the words “section 9(1), (1A), (1B), (1C), (1D), (1E) or (1F)” in subsection (5) and substituting the words “section 9(1), (1A) or (1B)”;

by deleting the words “section 9(4), (4A), (4B) or (4C)” in subsection (5) and substituting the words “section 9(4) or (4A)”; and

by deleting paragraphs (b) and (c) of subsection (5) and substituting the following paragraph:“(b)in any other case, the mother’s weekly index or 6 days (whichever is the lower), which is to be taken from the last 6 days of her entitlement.”.

he is —

the natural father of a child and satisfies the requirements of section 12F(1); or

the adoptive father of a child and satisfies the requirements of section 12F(1A); and

the appropriate applicant in subsection (6) has made an election under subsection (5) for him —

to take shared parental leave, in accordance with subsection (2); or

to claim lost income in accordance with subsection (3).(2) Subject to this section and section 12F and any regulations made under section 20, the male employee mentioned in subsection (1) is entitled —

to absent himself from work on shared parental leave, within the period of 12 months commencing on the date of the child’s birth, for —

one period equal in duration to N weeks;

more than one period, each being of one or more whole weeks, and all of which in aggregate are equal in duration to N weeks; or

more than one period, each being of such duration as is agreed between him and his employer, and all of which in aggregate are equal in duration to N times the lower of the male employee’s weekly index or 6 days; and

to receive from his employer his gross rate of pay for each day of such leave that is taken by him.(3) Subject to this section and section 12F and any regulations made under section 20, if the self‑employed man mentioned in subsection (1) —

within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, all of which in aggregate are equal in duration to N times the lower of the self‑employed man’s weekly index or 6 days; and

has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation,he is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (a).(4) The adoptive father of a child can do either of the following only after the eligibility date of the adoptive father’s joint application with the child’s adoptive mother to adopt the child:

take shared parental leave in accordance with subsection (2);

claim lost income in accordance with subsection (3).(5) The appropriate applicant mentioned in subsection (6) may make an election for the natural father or adoptive father (as the case may be) of the child —

to take N weeks of shared parental leave in accordance with subsection (2); or

to claim N weeks of lost income in accordance with subsection (3).(5A) An election under subsection (5) —

must be made in such form and manner as the Minister may provide;

must be made within 12 months commencing on the date of the child’s birth; and

except as otherwise provided in subsection (9A) or by any regulations made under section 20, is irrevocable.(6) The appropriate applicant is —

in the case of an election under subsection (5) for the natural father of the child to take shared parental leave or claim lost income — the mother of the child, being a female employee to whom section 9(1), (1A) or (1B) applies or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child;

in the case of an election under subsection (5) for the adoptive father of the child to take shared parental leave or claim lost income — the adoptive mother of the child, being —

a female employee to whom section 12AA applies, or a self‑employed woman to whom section 12AB applies, in respect of an application to adopt the child; or

a female employee to whom section 9(1), (1A) or (1B) or a self‑employed woman to whom section 9(4) or (4A) applies, in respect of the delivery of the child.(7) Where a female employee makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the female employee’s entitlement under section 9(1), (1A) or (1B) in respect of her delivery of the child, or under section 12AA in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement.(7A) Where a self‑employed woman makes an election under subsection (5) in favour of the natural father or adoptive father (as the case may be) of the child, the self‑employed woman’s entitlement under section 9(4) or (4A) in respect of her delivery of the child, or under section 12AB in respect of her joint application with the child’s adoptive father to adopt the child, is reduced by N weeks, taken from the last N weeks of that entitlement.(8) In this section and sections 12F and 12G, “N” is the integer 1, 2, 3 or 4, as specified by the appropriate applicant mentioned in subsection (6) in her election made under subsection (5).(9) Subject to any regulations made under section 20 that provide otherwise, a male employee or self‑employed man forfeits any part of his entitlement under subsection (2) or (3) that is not consumed within the period of 12 months commencing on the date of the child’s birth.(9A) Subject to any regulations made under section 20 that provide otherwise, if, at any time after a child’s natural mother or adoptive mother makes an election under subsection (5) but within the period of 12 months commencing on the date of the child’s birth —

the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or

the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation,then —

the election is revoked as regards each whole week of the father’s entitlement under subsection (2) or (3) that is not consumed at the time his employment is terminated or he ceases to be actively engaged in his trade, business, profession or vocation (as the case may be); and

any remaining period of that entitlement is forfeited.”.