Singapore legislation
Clause 6
Clause 6
Amendment of section 10
(1)
Section 10 of the principal Act is amended —
by deleting subsection (1) and substituting the following subsection:“(1) Subject to subsections (2) and (3), section 12E and any regulations made under section 20, where an employer makes any payment to a female employee under section 9(1), (1A) or (1B) for her confinement, the employer is entitled to claim reimbursement from the Government —
in respect of the first or second confinement of the employee, for —
the amount paid to the employee —
under section 9(1) for the period of her absence from work under that provision which is after the first 8 weeks of such absence;
under section 9(1A) for such period of her absence from work under section 76(1) of the Employment Act (Cap. 91), or under section 9(1A), after the first 8 weeks of her absence from work under section 76(1) of that Act as she is entitled to receive payment under section 9(1A); or
under section 9(1B) —
(CA)for the whole period of her absence from work under that provision, if that period does not exceed 8 weeks; or
(CB)if that period exceeds 8 weeks, for a period of 8 weeks of her absence from work under that provision; 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; and
in respect of the third or subsequent confinement of the employee, for —
the amount paid to the employee —
under section 9(1) or (1B) for the whole period of her absence from work under that provision; or
under section 9(1A) for such period of her absence from work under section 76(1) of the Employment Act, or under section 9(1A), as she is entitled to receive payment under section 9(1A); and
any contribution which the employer has made under the Central Provident Fund Act in respect of such payment which is not recoverable from the employee’s wages.”; and
by inserting, immediately after subsection (2), the following subsection:“(3) An employer is not entitled to claim reimbursement from the Government for any amount that the employer is directed, on or after the date of commencement of section 6(1)(b) of the Child Development Co‑Savings (Amendment No. 2) Act 2016, by any of the following to pay to a female employee, unless the direction has been withdrawn or reversed:
by the Minister for Manpower under the Employment Act or the Industrial Relations Act (Cap. 136);
by the Commissioner for Labour under section 115 of the Employment Act;
by any court.”.
(2)
Section 10 of the principal Act, as amended by subsection (1), is amended —
by deleting the words “in respect of the first or second confinement of the employee” in subsection (1)(a) and substituting the words “if the employee’s confinement is her first or second specified event”; and
by deleting the words “in respect of the third or subsequent confinement of the employee” in subsection (1)(b) and substituting the words “if the employee’s confinement is her third or subsequent specified event”.