On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/05/2013.
12B.
—(1) Subject to subsections (2) and (3) and any regulations made under section 20, where any employee —
(a)
has served an employer for a period of not less than 3 months; and
(b)
has any child who is below the age of 7 years, and who is, or who becomes, a qualifying child, at any time during any relevant period,
the employee shall be entitled to childcare leave (referred to in this section and section 12CA as childcare leave) for that relevant period of —
(i)
2 days, if he serves his employer for a period of less than 5 months during that relevant period;
(ii)
3 days, if he serves his employer for a period of not less than 5 months but less than 7 months during that relevant period;
(iii)
4 days, if he serves his employer for a period of not less than 7 months but less than 9 months during that relevant period;
(iv)
5 days, if he serves his employer for a period of not less than 9 months but less than 11 months during that relevant period; and
(v)
6 days, if he serves his employer for not less than 11 months during that relevant period.
(1A) Subject to subsection (2) and any regulations made under section 20, where any employee —
(a)
has served an employer for a period of not less than 3 months; and
(b)
has any child who is of or above the age of 7 years but below the age of 13 years, and who is, or who becomes, a qualifying child, at any time during any relevant period,
the employee shall be entitled to 2 days of extended childcare leave (referred to in this section and section 12CA as extended childcare leave) for that relevant period.
(2) An employee —
(a)
shall not be entitled to —
(i)
more than 42 days of childcare leave in respect of any qualifying child;
(ii)
more than 12 days of extended childcare leave in respect of any qualifying child; and
(iii)
more than a combined total of 6 days of childcare leave and extended childcare leave during any relevant period;
(b)
shall —
(i)
take his first entitlement of childcare leave or extended childcare leave 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 or extended childcare leave for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively; and
(c)
shall not be entitled to more than 3 days of childcare leave (whether taken under section 87A of the Employment Act (Cap. 91) or under this section) during the period beginning on 17th August 2008 and ending on 31st December 2008.
(3) Where any employee who has taken any childcare leave under section 87A of the Employment Act subsequently become entitled to childcare leave under this section —
(a)
the childcare leave taken under section 87A of the Employment Act shall be treated, for the purposes of this Act, as childcare leave taken under this section; and
(b)
a payment made by his employer to him under section 87A(5) of the Employment Act shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9).
(4) Notwithstanding anything in section 87A of the Employment Act, when an employee becomes entitled to childcare leave under this section —
(a)
(b)
if, at that time, he has not received any payment from his employer under section 87A(5) of that Act in respect of any childcare leave already taken by him under section 87A of that Act, he shall be entitled to payment from his employer under subsection (9) in respect of the childcare leave so taken by him.
(5) Notwithstanding anything in section 87A of the Employment Act, when an employee ceases to be entitled to childcare leave under this section, but has any child below the age of 7 years at any time during any relevant period, his entitlement, if any, to childcare leave under section 87A of that Act shall be affected in the following manner:
(a)
he shall be entitled to 2 days of childcare leave under section 87A of that Act for that relevant period, if he had not taken any childcare leave under this section during that relevant period;
(b)
he shall be entitled to one day of childcare leave under section 87A of that Act for that relevant period, if he had taken one day of childcare leave under this section during that relevant period; and
(c)
he shall not be entitled to any childcare leave under section 87A of that Act for that relevant period, if he had taken 2 or more days of childcare leave under this section during that relevant period.
(6) Where —
(a)
an employee satisfies the requirements under subsection (1)(a) and (b);
(b)
between 17th August 2008 and 30th October 2008 (both dates inclusive), his employer has granted him, and he has taken, any leave of absence for childcare purposes (not being childcare leave under section 87A of the Employment Act, adoption leave under section 12A, unpaid infant care leave under section 12D or any other leave of absence to which he is entitled under any written law) in accordance with this section; and
(c)
he has received payment from his employer at his gross rate of pay for the period of such leave of absence for childcare purposes,
then —
(i)
such leave of absence for childcare purposes shall be treated, for the purposes of this Act, as childcare leave under this section; and
(ii)
the payment referred to in paragraph (c) shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9).
(6A) Where —
(a)
an employee satisfies the requirements under subsection (1A)(a) and (b);
(b)
between 1st January 2013 and 30th April 2013 (both dates inclusive), his employer has granted him, and he has taken, any leave of absence for childcare purposes (not being any other leave of absence to which he is entitled under any written law) in accordance with this section; and
(c)
he has received payment from his employer at his gross rate of pay for the period of such leave of absence for childcare purposes,
then —
(i)
such leave of absence for childcare purposes shall be treated, for the purposes of this Act, as extended childcare leave under this section; and
(ii)
the payment referred to in paragraph (c) shall be treated, for the purposes of this Act, as a payment made by his employer to him under subsection (9).
(7) The childcare leave and extended childcare leave shall be in addition to —
(a)
the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 43 and 89, respectively, of the Employment Act; and
(b)
in the case of childcare leave, any unpaid infant care leave to which an employee may be entitled under section 12D.
(8) Subject to subsection (2)(b), an employer shall grant, and an employee who is entitled to childcare leave or extended childcare leave shall take, the entitlement of childcare leave or extended childcare leave, as the case may be, 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.
(9) Subject to subsections (10) and (10A), an employer shall pay an employee who is entitled to childcare leave or extended childcare leave, as the case may be, his gross rate of pay for every day of such leave that is taken by the employee.
(10) Where an employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from his employer under subsection (9) shall not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under subsection (1) and that is taken by the employee.
(10A) The amount of payment an employee is entitled to receive from his employer under subsection (9) shall not exceed $500 for each day of extended childcare leave that the employee is entitled to under subsection (1A) and that is taken by the employee.
(11) If the employment of an employee who is entitled to childcare leave or extended childcare leave, as the case may be, 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 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.
(12) 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.
(13) Any employer who fails, without reasonable cause, to grant extended 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.
(14) Any employer who fails to pay his 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.
(14A) Where an employer has been convicted of an offence under subsection (14), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12C or 12CA, as the case may be, which have not been paid to an employee in accordance with this section.
(14B) Where an employer who is convicted or found guilty of an offence under subsection (12), (13) or (14) 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.
(14C) For the purposes of subsection (14B), a person is a repeat offender in relation to an offence under subsection (12), (13) or (14) if the person who is convicted or found guilty of an offence under subsection (12), (13) or (14) (referred to as the current offence) has been convicted or found guilty of —
(a)
an offence under subsection (12), (13) or (14); or
(b)
an offence under section 87A(7) or (7A) of the Employment Act 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.
(15) Subject to subsections (4) and (5), nothing in this section shall be construed as derogating from any other benefits that an employee is entitled to, during any period of childcare leave or extended childcare leave, as the case may be, taken by him, under the terms of his contract of service or under any written law.
(16) Subject to subsections (17), (18) and (19) and any regulations made under section 20, where on or after 17th August 2008 any self-employed person —
(a)
has been carrying on his trade, business, profession or vocation for a continuous period of not less than 3 months;
(b)
has any child who is below the age of 7 years, and who is, or who becomes, a qualifying child, at any time during any calendar year;
(c)
ceases to be actively engaged in his trade, business, profession or vocation for childcare purposes for not less than 4 days during that calendar year; and
(d)
has lost any income by reason of such cessation of active engagement in his trade, business, profession or vocation,
he shall be entitled to claim from the Government the income he would otherwise have derived from his trade, business, profession or vocation for —
(i)
one day, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 4 days during that calendar year;
(ii)
2 days, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 5 days during that calendar year; and
(iii)
3 days, if he ceased to be actively engaged in his trade, business, profession or vocation for childcare purposes for 6 or more days during that calendar year.
(16A) Subject to subsections (18A) and (19), where on or after 1st January 2013 any self-employed person —
(a)
has been carrying on his trade, business, profession or vocation for a continuous period of not less than 3 months;
(b)
has any child who is of or above the age of 7 years but below the age of 13 years, and who is, or who becomes, a qualifying child, at any time during any calendar year;
(c)
ceases to be actively engaged in his trade, business, profession or vocation for childcare purposes during one or more periods not exceeding 2 days during that calendar year; and
(d)
has lost any income by reason of such cessation of active engagement in his trade, business, profession or vocation,
he shall be entitled to claim from the Government the income he would otherwise have derived from his trade, business, profession or vocation had he continued to be actively engaged in such trade, business, profession or vocation, during the period or periods, not exceeding 2 days, in which he had ceased to be actively engaged in his trade, business, profession or vocation.
(17) No self-employed woman shall be entitled to make a claim under subsection (16) in respect of any period of her cessation of active engagement in her trade, business, profession or vocation for which she is entitled to make a claim under section 9(4), (4A), (4B) or (4C) or 10A(4).
(18) A self-employed person shall not be entitled to claim from the Government under subsection (16) —
(a)
more than 21 days of income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or
(b)
any income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes during any period occurring before 17th August 2008.
(18A) A self-employed person shall not be entitled to claim from the Government under subsection (16A) —
(a)
more than 12 days of income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes in respect of any qualifying child; or
(b)
any income lost by reason of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes during any period occurring before 1st January 2013.
(19) The amount of payment a self-employed person is entitled to claim from the Government under subsection (16) or (16A), as the case may be, shall not exceed $500 for each day of his cessation of active engagement in his trade, business, profession or vocation for childcare purposes.
(20) The amounts of payment referred to in subsections (10), (10A) and (19) shall be inclusive of any contribution to the Central Provident Fund which an employer, an employee or a self-employed person is liable to make under the Central Provident Fund Act (Cap. 36).
(21) In this section and sections 11, 12C and 12CA —
“child”, in relation to an employee or a self-employed person, includes any adopted child or step-child of the employee or self-employed person;
“qualifying child” means a child who is a citizen of Singapore;
“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.