On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/05/2013.
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]