In forceAmended2020 Revised Edition

Contents

Child Development Co-Savings Act 2001 · 2020 Revised Edition · Part 3 · Leave and Benefits

12AA. Adoption leave for female employee

Amended

Last amended by an amending law of 2024. 4 amendments in all.

(1)

Subject to subsection (2), section 12AC and any regulations made under section 20, every female employee who applies to adopt a child in accordance with any written law relating to the adoption of children, and who satisfies the requirements of section 12AC, is entitled, within a period of 12 months commencing on the date of the child’s birth, to absent herself from work on adoption leave —

(a)

for a period of 12 weeks commencing on the eligibility date of the application to adopt the child;

(b)

during a period of 12 weeks, as agreed to by her and her employer, commencing —

(i)

not earlier than the eligibility date of the application to adopt the child; and

(ii)

not later than the date the adoption order is made; or

(c)

during —

(i)

a period of 8 weeks, as agreed to by her and her employer, commencing —

(A)

not earlier than the eligibility date of the application to adopt the child; and

(B)

not later than the date the adoption order is made; and

(ii)

one or more than one later period, each being of a duration that is agreed between the employee and her employer, and all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower).

(1A)

A female employee mentioned in subsection (1) who has applied to adopt an April 2025 Scheme child must —

(a)

give to her employer a notice of at least the prescribed period (or any shorter period agreed between the employee and employer) before absenting herself from work under subsection (1)(a), unless the employee is prevented by any sufficient cause from doing so; and

(b)

specify in the notice given under paragraph (a) the date on which the employee intends to commence absenting herself from work under subsection (1)(a).

(2)

Where, in any of the following circumstances, a female employee does not take any adoption leave to which she is entitled, she ceases to be entitled to that leave, and is not entitled to any payment in lieu of that leave:

(a)

her employment is terminated (whether by resignation or dismissal, on the completion of her contract of service, or for any other reason);

(b)

she does not take that leave within the period of 12 months commencing on the date of the child’s birth.

(3)

[Deleted by Act 33 of 2016]

(4)

Subject to subsection (5), an employer must pay a female employee who is entitled to adoption leave her gross rate of pay for every day of such leave that is taken by the female employee.

(5)

The payment that the female employee is entitled to receive from her employer under subsection (4) for adoption leave in respect of a child is an amount that does not exceed —

(a)

if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s first or second specified event —

(i)

$10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee after the first 4 weeks of such leave; and

(ii)

in any case, a total of $20,000 for the period of adoption leave (if only one), or all the periods of adoption leave, under sub‑paragraph (i), whichever is applicable; and

(b)

if the making of the female employee’s application to adopt that child, or the issue of a dependant’s pass in respect of that child, is the female employee’s third or subsequent specified event —

(i)

$10,000 for every period equal in duration to 4 times the employee’s weekly index or every 24 days, whichever is the lower, of the adoption leave taken by the female employee under subsection (1); and

(ii)

in any case, a total of $30,000 for the adoption leave taken by the female employee under subsection (1).

(6)

The amount of payment referred to in subsection (5) is inclusive of any contribution to the Central Provident Fund which an employer or an employee is liable to make under the Central Provident Fund Act 1953.

(7)

When a female employee absents herself from work in accordance with this section, it is not lawful for her employer to give her a notice of dismissal during her absence or on such a day that the notice will expire during her absence.

(7A)

Any employer who acts in contravention of subsection (7) 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.

(8)

Any employer who fails, without reasonable cause, to grant adoption leave to a female 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.

(9)

Any employer who fails to pay a female employee in accordance with this section 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.

(10)

Where an employer has been convicted of an offence under subsection (7A) or (9), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12AD which have not been paid to a female employee in accordance with this section.

(11)

Where an employer who is convicted or found guilty of an offence under subsection (7A), (8) or (9) is a repeat offender, the employer 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.

(12)

For the purposes of subsection (11), a person is a repeat offender in relation to an offence under subsection (7A), (8) or (9) if the person who is convicted or found guilty of an offence under subsection (7A), (8) or (9) (called the current offence) has been convicted or found guilty of an offence under subsection (7A), (8) or (9) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.

(13)

This section must not be construed as derogating from any other benefits that a female employee is entitled to, during any period of adoption leave taken by her, under the terms of her contract of service or under any written law.

Terms defined in s 2

April 2025 Scheme child
Defined · s 2
“April 2025 Scheme child” means —(a)a child born alive and whose mother’s confinement in respect of the child occurs on or after 1 April 2025, or occurs before 1 April 2025 but the estimated delivery date for that confinement is on or after that date; or(b)a child in respect of whom the eligibility date of the application to adopt the child is on or after 1 April 2025;
Open s 2
eligibility date
Defined · s 2
“eligibility date”, in relation to an application to adopt a child in accordance with any written law relating to the adoption of children, means —(a)if the child is a citizen or permanent resident of Singapore, the date on which the application to adopt the child is made; or(b)if the child is not a citizen or permanent resident of Singapore, the date on which a dependant’s pass is issued in respect of the child;
Open s 2
employee
Defined · s 2
“employee” means any person who has entered into or works under a contract of service with an employer in Singapore, and includes a workman as defined in the Employment Act 1968 and any officer or employee of the Government;
Open s 2
employer
Defined · s 2
“employer” means any person who employs another person under a contract of service and includes —(a)the Government;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or who is carrying on or is for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
Open s 2
gross rate of pay
Defined · s 2
“gross rate of pay” means the total amount of money (including allowances) to which an employee is entitled under the employee’s contract of service, either for working for a period of time (that is, for an hour, a day, a week or a month, or for any other period, that may be stated or implied in the contract of service) or for each completed piece or task of work, but does not include any of the following:(a)additional payments by way of overtime payments;(b)additional payments by way of bonus payments or annual wage supplements;(c)any sum paid to the employee to reimburse the employee for special expenses incurred by the employee in the course of the employee’s employment;(d)productivity incentive payments;(e)travelling, food or housing allowances;
Open s 2
specified event
Defined · s 2
“specified event”, in relation to a woman, means —(a)the woman’s confinement;(b)the making of an application by the woman to adopt a child in accordance with any written law relating to the adoption of children, if —(i)the woman is not the child’s natural mother; and(ii)at the time of the application, the child —(A)is below 12 months of age; and(B)is a citizen or permanent resident of Singapore;(c)the issue of a dependant’s pass in respect of a child whom the woman intends to adopt in accordance with any written law relating to the adoption of children, if —(i)the woman is not the child’s natural mother; and(ii)at the time the dependant’s pass is issued, the child —(A)is below 12 months of age; and(B)is not a citizen or permanent resident of Singapore;(d)the adoption of a child by the woman under any foreign law relating to the adoption of children, if —(i)the woman is not the child’s natural mother; and(ii)at the time of the adoption, the child is below 12 months of age;
Open s 2
weekly index
Defined · s 2
“weekly index”, in relation to a male or female employee or a self‑employed man or self‑employed woman, means his or her number of work days per week determined in accordance with the First Schedule.
Open s 2

Report

Read on from s 12AB

Part 4

Miscellaneous

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Schedules

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