Singapore legislation

Clause 4

of Child Development Co-Savings (Amendment No. 2) Bill

Clause 4

Amendment of section 9

(1)

Section 9 of the principal Act is amended —

(a)

by deleting sub‑paragraph (ii) of subsection (1)(c) and substituting the following sub‑paragraph:“(ii)one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement,”;

(b)

by deleting sub‑paragraph (AB) of subsection (1A)(v)(A) and substituting the following sub‑paragraph:“(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or”;

(c)

by deleting sub‑paragraph (BB) of subsection (1A)(v)(B) and substituting the following sub‑paragraph:“(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement; or”;

(d)

by deleting sub‑paragraph (AB) of subsection (1A)(vi)(A) and substituting the following sub‑paragraph:“(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or”;

(e)

by deleting sub‑paragraph (BB) of subsection (1A)(vi)(B) and substituting the following sub‑paragraph:“(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 4 times the employee’s weekly index or 24 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement.”;

(f)

by deleting sub‑paragraph (B) of subsection (1B)(ii) and substituting the following sub‑paragraph:“(B)one or more than one later period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must be taken within the period of 12 months commencing on the day of her confinement; or”;

(g)

by deleting paragraph (iii) of subsection (1B) and substituting the following paragraph:“(iii)if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, one or more than one period, each being of such duration as is agreed between the employee and her employer, all of which in aggregate are equal in duration to 8 times the employee’s weekly index or 48 days (whichever is the lower), and all of which must commence on or after the day the child becomes a citizen of Singapore and be taken within the period of 12 months commencing on the day of her confinement.”;

(h)

by deleting subsections (1C), (1D), (1E) and (1F);

(i)

by deleting the words “, (1B)(ii)(B) or (iii), (1C)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB), (1D)(ii)(B) or (iii), (1E)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB) or (1F)(ii)(B) or (iii)” in subsection (3) and substituting the words “or (1B)(ii)(B) or (iii)”;

(j)

by deleting the words “, (1C)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA) or (1E)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA)” in subsection (3A);

(k)

by deleting subsections (4), (4A), (4B) and (4C) and substituting the following subsections:“(4) Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —

(a)

satisfies the requirements of section 9A(1);

(b)

ceases to be actively engaged in her trade, business, profession or vocation —

(i)

during —

(A)

the period of 4 weeks immediately before her confinement; and

(B)

the period of 12 weeks immediately after her confinement;

(ii)

during a period of 16 weeks commencing —

(A)

not earlier than 28 days immediately preceding the day of her confinement; and

(B)

not later than the day of her confinement; or

(iii)

during —

(A)

a period of 8 weeks commencing —

(AA)not earlier than 28 days immediately preceding the day of her confinement; and

(AB)not later than the day of her confinement; and

(B)

one or more than one later period —

(BA)all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and

(BB)all of which are within the period of 12 months commencing on the day of her confinement; and

(c)

has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation, is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5).(4A) Subject to subsection (5), sections 9A and 12E and any regulations made under section 20, every self‑employed woman who —

(a)

delivers a child who is not a citizen of Singapore at the time of the child’s birth;

(b)

satisfies the requirements of section 9A(1A);

(c)

ceases to be actively engaged in her trade, business, profession or vocation —

(i)

during the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 16 weeks commencing on the day of her confinement;

(ii)

if the child becomes a citizen of Singapore within the period of 8 weeks commencing on the day of her confinement, during —

(A)

the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period of 8 weeks commencing on the day of her confinement; and

(B)

one or more than one later period —

(BA)all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower); and

(BB)all of which are within the period of 12 months commencing on the day of her confinement; or

(iii)

if the child becomes a citizen of Singapore after the period of 8 weeks commencing on the day of her confinement, during one or more than one period, all of which in aggregate are equal in duration to 8 times her weekly index or 48 days (whichever is the lower), and all of which commence on or after the day the child becomes a citizen of Singapore and are within the period of 12 months commencing on the day of her confinement; and

(d)

has lost any income by reason of her ceasing to be actively engaged in that trade, business, profession or vocation,is entitled to claim from the Government her lost income for the applicable period mentioned in subsection (5).”;

(l)

by deleting the words “(4B) or (4C),” in subsection (5)(a)(ii);

(m)

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

(n)

by deleting the words “subsection (5B)” in subsection (5A) and substituting the words “subsection (6)”;

(o)

by deleting subsections (5B), (5C), (5D), (5E) and (6) and substituting the following subsections:“(6) Except as provided in subsections (6A) and (6B), a woman who is or was a female employee or a self‑employed woman is not entitled to claim any payment from the Government under subsection (5A) if —

(a)

she is also a female employee who is entitled to absent herself from work or to receive payment from her employer under subsection (1), (1A) or (1B), 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 her employer under subsection (3) or (3A), as the case may be; or

(b)

she is also a self‑employed woman who is entitled to claim from the Government her lost income under subsection (4) or (4A), in respect of the same confinement.(6A) Subsection (6) and section 12M do not disqualify a female employee from claiming payment from the Government under subsection (5A) in respect of any period when she is on leave of absence without pay granted by her employer at her request, if the leave is for a continuous period ending at least 12 months after the date of the delivery mentioned in subsection (5A).(6B) Subsections (3), (3A) and (6) do not disqualify a female employee whose employment is terminated on the completion of her contract of service 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) had her employment not been so terminated.”; and

(p)

by deleting subsection (8) and substituting the following subsections:“(8) Despite subsection (7), “total income” in subsection (5A) excludes the gross rate of pay which a female employee is entitled to receive from her employer in respect of the period she was employed by that employer during the period prescribed for the purposes of subsection (5A) if, upon a referral to the Minister for Manpower under the Employment Act (Cap. 91) or the Industrial Relations Act (Cap. 136), that Minister is satisfied that the female employee was dismissed for sufficient cause, or with just cause or excuse, by that employer before her confinement.(9) The Government may recover as a civil debt from a woman who delivers a child any amount paid to her under subsection (5A) if —

(a)

under subsection (6), she is not entitled to the amount; or

(b)

the amount was paid to her in reliance on subsection (6A) in respect of any period when she is on leave of absence without pay granted by the employer at her request, but her leave subsequently ends less than 12 months after the date of the delivery mentioned in subsection (5A).(10) The Government may recover as a civil debt from a woman who delivers a child an amount in accordance with regulations made under section 20 if —

(a)

the Government has paid one or more of the following:

(i)

any amount under subsection (5A) in respect of the woman’s delivery of the child;

(ii)

any reimbursement claimed by the woman’s employer under section 10 (whether or not pursuant to an exemption under section 22) for any amount paid to the woman in respect of her delivery of the child;

(iii)

where the woman has made an election under section 12E(4) for the natural father of the child to take shared parental leave in respect of the child —

(A)

any reimbursement claimed by the father’s employer under section 12G(1) (whether or not pursuant to an exemption under section 22) for any amount paid to the father under section 12E(2) for shared parental leave taken in respect of the child; or

(B)

any amount of lost income claimed by the father under section 12E(3) (whether or not pursuant to an exemption under section 22) for ceasing to be actively engaged in his trade, business, profession or vocation in respect of the child; and

(b)

either of the following applies:

(i)

the total period of absence from work under subsection (1), (1A) or (1B) or section 12E(1) and cessation from active engagement in trade, business, profession or vocation under section 12E(3) to which the payment by the Government under paragraph (a) relates, exceeds —

(A)

56 days, if the child is delivered during the woman’s first or second confinement; or

(B)

112 days, if the child is delivered during the woman’s third or subsequent confinement;

(ii)

the total amount paid by the Government under paragraph (a) exceeds —

(A)

the amount mentioned in subsection (5A)(a), if the child is delivered during the woman’s first or second confinement; or

(B)

the amount mentioned in subsection (5A)(b), if the child is delivered during the woman’s third or subsequent confinement.”.

(2)

Section 9 of the principal Act, as amended by subsection (1), is amended —

(a)

by deleting the words “the child is delivered during her first or second confinement” in subsections (1A)(i), (iii) and (v) and (5A)(a) and substituting in each case the words “her confinement during which the child is delivered is her first or second specified event”;

(b)

by deleting the words “the child is delivered during her third or subsequent confinement” in subsections (1A)(ii), (iv) and (vi) and (5A)(b) and substituting in each case the words “her confinement during which the child is delivered is her third or subsequent specified event”;

(c)

by deleting the words “in respect of her first or second confinement” in subsection (5)(a) and substituting the words “if her confinement mentioned in subsection (4) or (4A) is her first or second specified event”;

(d)

by deleting the words “in respect of her third or subsequent confinement” in subsection (5)(b) and substituting the words “if her confinement mentioned in subsection (4) or (4A) is her third or subsequent specified event”; (e)by deleting the words “under section 12E(4) for the natural father of the child to take shared parental leave” in subsection (10)(a)(iii) and substituting the words “under section 12E(5) for the natural father or adoptive father of the child to take shared parental leave or claim lost income”;

(f)

by deleting the words “the child is delivered during the woman’s first or second confinement” in subsection (10)(b)(i)(A) and (ii)(A) and substituting in each case the words “the woman’s confinement during which the child is delivered is the woman’s first or second specified event”; and

(g)

by deleting the words “the child is delivered during the woman’s third or subsequent confinement” in subsection (10)(b)(i)(B) and (ii)(B) and substituting in each case the words “the woman’s confinement during which the child is delivered is the woman’s third or subsequent specified event.”.