On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/05/2013.
PART IX
MATERNITY PROTECTION AND BENEFITS
AND CHILDCARE LEAVE FOR PARENT
AND CHILDCARE LEAVE FOR PARENT
76.
—(1) Subject to this section, every female employee shall be entitled to absent herself from work —
(a)
during —
(i)
the period of 4 weeks immediately before her confinement; and
(ii)
the period of 8 weeks immediately after her confinement;
(b)
during a period of 12 weeks, as agreed to by her and her employer, commencing —
(i)
not earlier than 28 days immediately preceding the day of her confinement; and
(ii)
not later than the day of her confinement; or
(c)
during —
(i)
a period of 8 weeks, as agreed to by her and her employer, commencing —
(A)
not earlier than 28 days immediately preceding the day of her confinement; and
(B)
not later than the day of her confinement; and
(ii)
one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement.
[41/2004; 28/2008]
(1A) Subject to this section, every female employee shall be entitled to receive payment from her employer at her gross rate of pay for any of the following periods (referred to in this Part as the benefit period):
(a)
where subsection (1)(a) applies, the period of 4 weeks referred to in subsection (1)(a)(i) and the first 4 weeks of the period referred to in subsection (1)(a)(ii);
(b)
where subsection (1)(b) applies, the first 8 weeks of the period referred to in subsection (1)(b); or
(c)
where subsection (1)(c) applies, the period of 8 weeks referred to in subsection (1)(c)(i).
[41/2004]
(2) A female employee who delivers a child before 1st May 2013, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 1st May 2013, shall not be entitled to any pay during the benefit period if she has served her employer for less than 90 days immediately preceding the day of her confinement.
(2A) A female employee who delivers a child —
(a)
on or after 1st May 2013; or
(b)
before 1st May 2013 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after 1st May 2013,
shall not be entitled to any pay during the benefit period if she has served her employer for less than 3 months immediately preceding the day of her confinement.
(3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period.
[36/95]
(4) Subject to any collective agreement or award to the contrary, a female employee shall not be entitled to any payment under subsection (1A) for any confinement if, at the time of the confinement —
(a)
she has 2 or more living children; and
(b)
those children were born during more than one previous confinement.
[41/2004; 32/2008]
(5) Subsection (4) shall not apply to such class or classes of employees as the Minister may, from time to time by notification in the Gazette, specify.
(6) Where the employment of a female employee is terminated (whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in subsection (1)(c)(ii), she shall forfeit that entitlement (or the balance thereof) upon the termination of her employment.
[41/2004]
77.
—(1) The payment referred to in section 76 shall be paid for every day of the benefit period, including holidays.
[21/84]
(2) Nothing in this section shall be construed to require an employer to pay to a female employee an extra day’s salary for a holiday which falls within the benefit period.
[21/84]
78.
—(1) In the case of a female employee who is a daily-rated employee, the payment referred to in section 76 shall be paid in 2 instalments, the first for the period up to and including the day of confinement, to be paid within 7 days from the date of confinement, and the second, for the period after confinement, to be paid within 7 days from the end of that period.
(2) In the case of any other female employee, the payment shall be paid at such time as the salary earned by the employee under her contract of service is due to be paid to her.
79.
—(1) If a female employee, after giving notice to her employer under section 80(1), abstains from work in expectation of her confinement and dies from any cause before her confinement, the employer shall pay to the person nominated by her under section 80(4) or, if there is no such person, to her personal representative a sum of money at the rate prescribed under section 76 from the date immediately following the last day on which she worked to the day immediately preceding the day of her death and except in the circumstances mentioned in this subsection no employer shall be liable to pay any sum in respect of a period exceeding 30 days.
[21/84]
(2) If a female employee dies from any cause on or after the day of her confinement and before any payment to which she is entitled has been paid to her, the employer shall pay to the person nominated by her under section 80(4) or, if there is no such person, to her personal representative any sum of money to which she was on the date of her death entitled in respect of the period up to the day of confinement and in respect of the period after confinement up to the day immediately preceding the day of her death.
80.
—(1) A female employee shall at least one week before absenting herself from work in accordance with section 76 give notice to her employer specifying the date on which she intends to commence absenting herself from work.
[21/84]
(2) A female employee who has been confined shall as soon as practicable inform her employer of the date on which she was confined.
(3) Any female employee who omits to give notice as required under subsection (1) or fails to inform her employer as required under subsection (2) shall be entitled to only half the amount of any payment to which she is entitled to under this Part unless she was prevented by any sufficient cause from giving such notice.
(4) A female employee may at any time in writing nominate some other person to whom any payment to which she is entitled under this Part may be paid on her behalf; and any such payment made to the person so nominated shall for the purpose of this Act be deemed to be payment to the female employee who nominated such person.
81. Without prejudice to sections 84 and 84A, when a female employee absents herself from work in accordance with the provisions of this Part it shall not be lawful for her employer to give her notice of dismissal during her absence or on such a day that the notice will expire during her absence.
[28/2008]
82. Any employer who knowingly employs a female employee at any time during the period of 4 weeks immediately following her confinement shall be guilty of an offence.
83. If a female employee works for any other employer after she has absented herself from work under the provisions of this Part, she shall forfeit her claim to any payment to which she is entitled under this Part and shall be liable to dismissal.
84.
—(1) Without prejudice to sections 81 and 84A, no notice of dismissal given without sufficient cause by an employer to a female employee which —
(a)
if given before 1st May 2013, is given —
(i)
within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or
(ii)
within a period of 6 months preceding the date of her confinement;
(b)
if given on or after 1st May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or
(c)
if given on or after 1st May 2013 but before 1st August 2013 and where the female employee has served the employer for a period of less than 3 months, is given —
(i)
within a period of 6 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or
(ii)
within a period of 6 months preceding the date of her confinement,
shall have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.
(1A) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) shall be the estimated delivery date —
(a)
which is certified by a medical practitioner before the notice of dismissal is given by her employer; and
(b)
the date of such certification of which is closest to the date the notice of dismissal is given.
[28/2008]
(2) If any question arises as to whether any notice of dismissal given under subsection (1) was or was not given for sufficient cause, it shall be referred to the Minister within 2 months from the date of the employee’s confinement.
[36/95]
(3) Where the Minister is satisfied that the employee has been dismissed without sufficient cause, he may, notwithstanding any rule of law or agreement to the contrary —
(a)
direct the employer to reinstate the employee in her former employment and pay the employee an amount equal to the wages that the employee would have earned had she not been dismissed by the employer; or
(b)
direct the employer to pay such amount of wages as compensation as the Minister may consider just and equitable having regard to all the circumstances of the case,
and the employer shall comply with the direction of the Minister.
[36/95]
(4) The decision of the Minister under subsection (3) shall be final and conclusive and shall not be challenged in any court.
[36/95]
(5) Any direction of the Minister under subsection (3) shall operate as a bar to any action for damages by the employee in any court in respect of the dismissal without sufficient cause under subsection (1).
[36/95]
(6) An employer who fails to comply with the direction of the Minister under subsection (3) shall be guilty of an offence and 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.
[36/95; 28/2008]
(7) Where any amount to be paid by an employer under subsection (3) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (6), the amount or so much thereof as remains unpaid shall be recoverable by the court as if it were a fine and the amount so recoverable shall be paid to the employee entitled to payment under the direction of the Minister.
[36/95]
Right to benefit unaffected by notice of dismissal given on ground of redundancy or by reason of reorganisation of employer’s profession, business, trade or work
84A.
—(1) Without prejudice to sections 81 and 84, no notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —
(a)
if given before 1st May 2013, is given —
(i)
within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or
(ii)
within a period of 3 months preceding the date of her confinement;
(b)
if given on or after 1st May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or
(c)
if given on or after 1st May 2013 but before 1st August 2013 and where the female employee has served the employer for a period of less than 3 months, is given —
(i)
within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or
(ii)
within a period of 3 months preceding the date of her confinement,
shall have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.
(2) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) shall be the estimated delivery date —
(a)
which is certified by a medical practitioner before the notice of dismissal is given by her employer; and
(b)
the date of such certification of which is closest to the date the notice of dismissal is given.
[28/2008]
(3) The payment referred to in subsection (1) shall be in addition to any retrenchment benefit or other payment to which the female employee is entitled under the terms of her contract of service or under any other written law.
[28/2008]
86. Any contract of service whereby a female employee relinquishes any right to maternity benefit under this Part shall be null and void in so far as it purports to deprive her of that right or to remove or reduce the liability of any employer to make any payment under this Part.
87.
—(1) Any employer who —
(a)
fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for such leave;
(b)
fails to pay his female employee in accordance with any of the provisions of this Part (other than section 87A); or
(c)
acts in contravention of section 81,
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.
(2) Any employer who is guilty of an offence under section 82 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.
(3) Where an employer who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 is a repeat offender, he 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.
(4) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1)(a), (b) or (c) or section 82 if the person who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 (referred to as the current offence) has been convicted or found guilty of —
(a)
an offence under subsection (1)(a), (b) or (c) or section 82; or
(b)
an offence under section 17(1) of the Child Development Co-Savings Act (Cap. 38A) in force before, on or after 1st May 2013,
on at least one other occasion on or after 1st May 2013 and before the date on which he is convicted or found guilty of the current offence.
87A.
—(1) Subject to subsection (2), where any employee —
(a)
has served an employer for a period of not less than 3 months; and
(b)
has any child below the age of 7 years at any time during any relevant period,
he shall be entitled to childcare leave of 2 days for that relevant period.
[41/2004]
(2) An employee —
(a)
shall not be entitled to more than 14 days of childcare leave in respect of any child; and
(b)
shall —
(i)
take his first entitlement of childcare leave of 2 days for a relevant period in that relevant period or the next succeeding relevant period; and
(ii)
thereafter, take his 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.
[41/2004; 28/2008]
(3) The childcare leave shall be in addition to the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 43 and 89, respectively.
[41/2004; 32/2008]
(4) An employer shall grant, and an employee who is entitled to childcare leave shall 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 —
(a)
shall thereupon cease to be entitled to that leave; and
(b)
shall not be entitled to any payment in lieu thereof.
[41/2004]
(5) An employer shall pay an employee who is entitled to childcare leave his gross rate of pay for every day of such leave that is taken by the employee.
[41/2004]
(6) If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has taken the entitlement of childcare leave of 2 days for a relevant period, the employee —
(a)
shall cease to be entitled to that leave upon the termination of his employment; and
(b)
shall not be entitled to any payment in lieu thereof.
[41/2004]
(7) 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.
(7A) Any employer who fails, without reasonable cause, to grant childcare leave to an 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.
(7B) Where an employer who is convicted or found guilty of an offence under subsection (7) or (7A) is a repeat offender, he 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.
(7C) 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) (referred to as the current offence) has been convicted or found guilty of —
(a)
an offence under subsection (7) or (7A);
(b)
an offence under section 12B(12) or (14) of the Child Development Co-Savings Act (Cap. 38A) in force before, on or after 1st May 2013; or
(c)
an offence under section 12B(13) of the Child Development Co-Savings Act,
on at least one other occasion on or after 1st May 2013 and before the date on which he is convicted or found guilty of the current offence.
(8) In this section —
“child”, in relation to an employee, includes any adopted child and step-child of the employee;
“relevant period”, in relation to an employee, means —
(a)
any period of 12 months as is agreed to by the employee and his employer; or
(b)
where there is no such agreement, a calendar year.
[41/2004]