Employment Act 1968 · 2020 Revised Edition · Part 9 · Maternity Protection and Benefits and Childcare Leave for Parent
87A. Childcare leave for parent
Feedback & supportLast amended by an amending law of 2019. 4 amendments in all.
Subject to subsection (2), where any employee —
employee
“employee” means a person who has entered into or works under a contract of service with an employer and includes a workman, and any officer or employee of the Government included in a category, class or description of such officers or employees declared by the President to be employees for the purposes of this Act or any provision thereof, but does not include any of the following:(a)any seafarer;(b)any domestic worker;(c) (d)any person belonging to any other class of persons whom the Minister may, by notification in the Gazette, declare not to be employees for the purposes of this Act;
has served an employer for a period of not less than 3 months; and
has any child below 7 years of age at any time during any relevant period,the employee is entitled to childcare leave of 2 days for that relevant period.
An employee —
is not entitled to more than 14 days of childcare leave in respect of any child; and
must —
take his or her first entitlement of childcare leave of 2 days for a relevant period in that relevant period or the next succeeding relevant period; and
then take his or her next and each subsequent entitlement of childcare leave of 2 days for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively.
The childcare leave is in addition to the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively.
An employer must grant, and an employee who is entitled to childcare leave must take, the entitlement of childcare leave of 2 days for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —
employer
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
thereupon ceases to be entitled to that leave; and
is not entitled to any payment in lieu thereof.
An employer must pay an employee who is entitled to childcare leave his or her gross rate of pay for every day of such leave that is taken by the employee.
gross rate of pay
“gross rate of pay” means the total amount of money including allowances to which an employee is entitled under his or her contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his or her contract of service, or for each completed piece or task of work but does not include —(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 him or her for special expenses incurred by him or her in the course of his or her employment;(d)productivity incentive payments; and(e)travelling, food or housing allowances;
Despite subsection (5), an employee is not entitled to take paid childcare leave on a day the employee takes no-pay leave.
If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of childcare leave of 2 days for a relevant period, the employee —
contract of service
“contract of service” means any agreement, whether written or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his or her employer as an employee and includes an apprenticeship contract or agreement;
ceases to be entitled to that leave upon the termination of his or her employment; and
is not entitled to any payment in lieu thereof.
Any employer who contravenes subsection (5) 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.
Any employer who fails, without reasonable cause, to grant childcare leave to an employee who is entitled to and requests for the 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.
Where an employer who is convicted or found guilty of an offence under subsection (7) or (7A) is a repeat offender, that 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.
For the purposes of subsection (7B), a person is a repeat offender in relation to an offence under subsection (7) or (7A) if the person who is convicted or found guilty of an offence under subsection (7) or (7A) (called the current offence) has been convicted or found guilty of —
an offence under subsection (7) or (7A);
an offence under section 12B(12) or (14) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013; or
an offence under section 12B(13) of the Child Development Co‑Savings Act 2001,on at least one other occasion on or after 1 May 2013 and before the date on which that person is convicted or found guilty of the current offence.
In this section —
“child”, in relation to an employee, includes —
child
“child” means a person who has not completed his or her 15th year of age;
any adopted child and stepchild of the employee; and
any child to whom the employee is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act;
“relevant period”, in relation to an employee, means —
any period of 12 months as is agreed to by the employee and his or her employer; or
where there is no such agreement, a calendar year.