Singapore legislation

Clause 8

of Child Development Co-Savings (Amendment) Bill

Clause 8

Amendment of section 9

Section 9 of the principal Act is amended —

(a)

by inserting, immediately after the words “the end of the period referred to in section 76(1)(a)(ii) of that Act” in subsection (1A)(i)(A)(AB) and (B)(BB) and (ii)(A)(AB), the words “, or for the agreed flexible period mentioned in subsection (1AA)”;

(b)

by deleting the words “(referred to in this sub‑paragraph as the relevant period)” in subsection (1A)(i)(C), (ii)(B), (iii)(C) and (iv)(B);

(c)

by deleting the words “for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the relevant period” in subsection (1A)(i)(C), (ii)(B), (iii)(C) and (iv)(B) and substituting in each case the words “for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA)”;

(d)

by inserting, immediately after the words “the end of the period referred to in section 76(1)(b) of that Act” in subsection (1A)(iii)(A)(AB) and (B)(BB) and (iv)(A)(AB), the words “, or for the agreed flexible period mentioned in subsection (1AA)”;

(e)

by inserting, immediately after sub‑paragraph (iv) of subsection (1A), the following sub‑paragraph:“(iva)where section 76(1)(a) or (b) of the Employment Act applies, and the child becomes a citizen of Singapore after the period of 16 weeks, which commences on the first day on which she exercised her entitlement under section 76(1)(a) or (b) (as the case may be) of that Act, but within the period of 12 months commencing on the day of her confinement —

(A)

to absent herself from work for a further period of 4 weeks commencing on the day the child becomes a citizen of Singapore, or for the agreed flexible period mentioned in subsection (1AA); and

(B)

to receive payment from her employer at her gross rate of pay for the further period of 4 weeks or the agreed flexible period under sub‑paragraph (A);”;

(f)

by inserting, immediately after subsection (1A), the following subsection: “(1AA) For the purposes of subsection (1A), the agreed flexible period consists of one or more periods where —

(a)

each period is of a duration agreed between a female employee and her employer; (b)the total duration of the period (if only one), or all the periods, is equal to 4 times the employee’s weekly index, or 24 days, whichever is the lower; and

(c)

the period (if only one), or all the periods, must commence on or after the day the child becomes a citizen of Singapore and must end on or before the last day of the period of 12 months commencing on the day of her confinement relating to that child.”; (g)by inserting, immediately after subsection (2), the following subsection: “(2A) Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement under subsection (1), (1A) or (1B) to absent herself from work, she forfeits the following upon the termination of her employment: (a)the entitlement (or the balance of that entitlement) under subsection (1), (1A) or (1B) (as the case may be) to absent herself from work; (b)the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).”;

(h)

by deleting subsection (3) and substituting the following subsection: “(3) Without affecting section 84 or 84A of the Employment Act, where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation), before she has exercised, wholly or partly, her entitlement to absent herself from work during —

(a)

a period mentioned in subsection (1)(c)(ii), (1A)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB) or (1B)(ii)(B) or (iii); or

(b)

the agreed flexible period applicable to her under subsection (1A),she forfeits the following upon the termination of her employment: (c)the entitlement (or the balance of that entitlement) to absent herself from work during any of the applicable periods mentioned in paragraph (a) or (b);

(d)

the entitlement to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (c).”;

(i)

by deleting the words “(whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason)” in subsection (3A) and substituting the words “(whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation)”; (j)by deleting the words “subsection (3)” in subsection (6)(a) and substituting the words “subsection (2A), (3)”;

(k)

by deleting the word “or” at the end of subsection (6)(a); (l)by deleting the full‑stop at the end of paragraph (b) of subsection (6) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph: “(c)she is also a female employee who, before her child became a citizen of Singapore, is entitled to absent herself from work or to receive payment from any employer under section 76 of the Employment Act, in respect of the same confinement, regardless of whether she has forfeited the whole or part of her entitlement to absent herself from work or to receive payment from the employer under section 76(5A) or (6) of that Act.”;

(m)

by deleting subsection (6B) and substituting the following subsection: “(6B) Subsections (3), (3A) and (6) do not disqualify a female employee from claiming payment from the Government under subsection (5A) if she would have been entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), or section 76(1)(a), (b) or (c) or (1A) of the Employment Act, had her employment not been terminated by reason of one of the following:

(a)

upon the completion of her contract of service; (b)on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work.”;

(n)

by deleting the word “or” at the end of subsection (8)(a); (o)by deleting the full‑stop at the end of paragraph (b) of subsection (8) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph: “(c)any other court of competent jurisdiction in Singapore has decided that the female employee was dismissed with just cause or excuse, or for sufficient cause, by that employer before her confinement.”; and

(p)

by deleting subsections (9) and (10).