Introduction

1. On 21 January 2013, the Government announced the enhanced Marriage and Parenthood Package (“M&P”) Package. The enhanced M & P  Package, among other things, includes the following:

a)    Maternity protection for retrenchment and dismissal without sufficient cause expanded to cover the entire duration of pregnancy;

b)   Government funded shared parental leave introduced to allow working fathers to share up to 1 week of their spouse’s maternity leave;

c)    Extension of 2 days of Government-paid child care leave for both parents with a Singapore Citizen child between 7 and 12 years of age;

d)   Government-paid 1 week paternity leave introduced;

e)    Government-paid 4 weeks adoption leave.

Maternity Protection for Retrenchment and Dismissal Without Sufficient Cause expanded to cover the entire duration of pregnancy 

A) The Current Position       

2. At present, maternity protection for retrenchment for pregnant employees do not cover the full pregnancy period. The employers have to pay such employees the maternity benefits only if the employees have been retrench within 3 months of the estimated delivery date for their confinement or within 3 months of the date of their confinement. 

3. Similarly, at present, maternity protection for pregnant employees against dismissal without sufficient cause do not cover the entire duration of pregnancy. Pregnant employees are entitled to be paid their maternity benefits only if they have been dismissed without sufficient cause within 6 months of the estimated delivery date for their confinement or within 6 months of the date of their confinement. 

B) Under the enhanced M & P Package

4. With effect from 1 May 2013, maternity protection for pregnant employees will be expanded to cover the entire duration of their pregnancy so that they will be protected from retrenchment and unfair dismissal throughout their pregnancy. In other words, if employees are retrenched or dismissed without sufficient cause during any period of their pregnancy, the employers have to pay these employees their maternity benefits. The objective of this extension of maternity protection to cover the full pregnancy period is to discourage employers from terminating the employment of their employees once the employers become aware that their employees are pregnant.

C) Eligibility criteria under the enhanced M & P Package

5. In order to be eligible or qualify for the extended maternity   protection, the employee must have served her employer at least 3 months before receiving the notice of retrenchment or dismissal without sufficient cause. This minimum 3 months period is to provide the employer a reasonable time to assess the employee’s suitability for continued employment before taking on the responsibility of providing her the extended maternity benefits.

Shared Parental Leave introduced to allow working fathers to share up to 1 week of their spouse’s maternity leave 

A) The Current Position

6. At present, a pregnant employee (“the mother”) is entitled to 16    weeks of Government-paid maternity leave. This maternity leave entitlement can be utilised only by the mother, and the working father cannot share with the mother this maternity leave entitlement.

B) Under the enhanced M & P Package

7.With effect from 1 May 2013, the shared parental leave scheme permits the father to share up to a maximum of 1 week of the mother’s 16 weeks maternity leave per Singapore Citizen Child. In other words, working fathers, if they wish, can opt to take over up to 1 week of the mother’s 16 weeks maternity leave entitlement on condition that the mother agree to this arrangement.

8.  All working fathers (including the self-employed) will be entitled to the 1 week shared parental leave funded by the Government, capped at $2,500 per week (inclusive of Central Provident Fund contributions). With effect from 1 May 2013, it is mandatory for employers to give the shared parental leave to employees who have Singapore Citizen children who are born on or after 1 May 2013. However, the Government is encouraging employers to start offering the shared parental leave to employees on a voluntary basis for their Singapore Citizen children who are born on or after 1 January 2013 by reimbursing the employers from 1 May 2013.

9.   The shared parental leave can be taken either in a continuous 1 week period within 12 months of the birth of the child or taken flexibly within any period of 12 months from the birth of the child provided there is agreement between the employer and the employee.

C) Eligibility criteria under the M & P Package

10. Working father is only entitled to the 1 week of shared parental leave if the following criteria are satisfied:

• The mother qualifies for Government-paid maternity leave;
• The child is a Singaporean Citizen who is born on or after 1 May 2013;
• The father is lawfully married to the mother of the child.

Extended Child Care Leave of 2 days for both parents with a Singapore Citizen child between 7 and 12 years of age 

A)The Current Position

11. At present, child care leave is available to both parents of younger children below 7 years of age. Both parents are entitled to 6 days of child care leave per year per parent, with the first 3 days paid by the employer and the other 3 days paid by the Government, until the children turn 7 years of age.

B) Under the enhanced M & P Package

12.   With effect from 1 May 2013, working parents (including those who are self-employed) of children aged between 7 and 12 years will be entitled to 2 days of child care leave per year per parent. However, parents with children below the age of 7 and between 7 and 12 years of age will be entitled to a total of 6 (not 6+2 days) days of child care leave per year per parent. This is because the total paid child care leave for each parent is capped at 6 days per year. In respect of parents with children between the ages of 7 and 12 years, the 2 days of child care leave will be paid by the Government, capped at $500 per day (inclusive of Central Provident Fund contributions).  With effect from 1 May 2013, it is mandatory for employers to give the 2 days child care leave to employees with Singapore Citizen children between 7 and 12 years of age. However, the Government is encouraging employers to start offering the extended 2 days of child care leave on a voluntary basis for their employees whose Singapore Citizen children are born on or after 1 January 2013 by reimbursing the employers from 1 May 2013.

C) Eligibility criteria under the M & P Package

13. Both parents are entitled to the child care leave if the following
criteria are satisfied:

• The parent must have served his/her employer for a continuous period of at least  3 months;
• The child is a Singapore Citizen;
• He/she is between 7 and 12 years of age on or after 1 May 2013;
• The parent is lawfully married.

Government-paid Paternity Leave for working fathers 

A) The Current Position

14. At present, working fathers are only entitled to 6 days of paid child care leave per child under 7 years of age and 6 days of unpaid infant care leave per child. Working fathers are not entitled to paternity leave.

B) Under the enhanced M & P Package

15.  With effect from 1 May 2013, working fathers (including the self-employed) will be entitled to 1 week of Government-paid paternity leave per child, capped at $2,500 per week (inclusive of Central Provident Fund contributions).  The paternity leave is for working fathers of children born on or after 1 May 2013.

16.   It is mandatory for employers to give the paternity leave to their employees whose Singapore Citizen children are born on or after 1 May 2013. However, the Government is encouraging employers to start offering the paternity leave to working fathers on a voluntary basis for their Singapore Citizen children who are born on or after 1 January 2013 by reimbursing the employers after 1 May 2013.

17.   The paternity leave can be taken within 16 weeks after the birth of the child. The paternity leave can also be taken flexibly within any period of 12 months from the birth of the child if both the employer and employee agree.

C) Eligibility criteria under the M & P Package

18.  In order to be eligible or qualify for the paternity leave entitlement, the following criteria must be satisfied:

a.The father must have served his employer for a continuous period of at least 3 months before the birth of the child. For those who are self-employed, the father must have been engaged in a trade, business, profession or vocation for a continuous period of  at least 3 months before the birth of the child and have lost income as a result of not engaging in that trade, business, profession or vocation during the period of the paternity leave;

b. The child is a Singapore Citizen born on or after 1 May 2013;

c. The child’s parents are lawfully married.

What working fathers will be entitled to with effect from 1 May 2013

19.   Currently, working fathers are entitled to the following per child per year:

• Paid child care leave for a child below 7 years of  age             6 days
• Unpaid infant care leave                                                           6 days

20.   With effect from 1 May 2013, working fathers will also be entitled to the following:

• Paid child care leave for a child between the ages of 7 and 12   2 days
• Paid paternity leave                                                                     1 week
• Paid shared parental leave (if the mother agrees)                      1 week

Government-paid 4 weeks Adoption Leave

A) The Current Position

21.  At present, employers are not required by law to provide Government-paid adoption leave. If employers voluntarily provide adoption leave to their employees, the employers can get reimbursements from the Government up to 4 weeks of adoption leave, capped at $10,000.

B) Under the enhanced M & P Package

22.   With effect from 1 May 2013, married women who have adopted infants below the age of 12 months will get 4 weeks of Government-paid adoption leave. In other words, it is mandatory for the employer to give the adoptive mother 4 weeks of adoption leave within 12 months of the birth of the adopted child. The adoption leave must be taken within 12 months after the child is born. The leave can be taken for a continuous period of 4 weeks or flexibly within 12 months of the birth of the child if the employer and the employee agree. The employers can get reimbursements from the Government, capped at $10,000 (inclusive of Central Provident Fund contributions) for 4 weeks.

C) Eligibility criteria under the M & P Package 

23.  In order to be eligible or qualify for the adoption leave, the following conditions must be satisfied:

a. The mother must have worked for her employer at least 3 months (or if, she was self-employed, was engaged in the trade, business, profession or vocation) before the point of formal intent to adopt. The point of formal intent is either the court application to adopt for a local child or the issuance of in-principal approval for dependant’s pass for a foreign child;

b. The adoptive mother must be lawfully married at the point of formal intent to adopt;

c. The adopted child must be below the age of 12 months at the point of formal intent to adopt;

d. The adopted child is a Singapore Citizen. If the child is a foreigner, one of the adoptive parents must be a Singapore Citizen and the child must become a Singapore Citizen within 6 months of the child’s adoption;

e. The Adoption Order is passed within 1 year from the point of formal intent to adopt.

The M & P Package not extended to adoptive fathers

24.   Under the M & P Package, although the adoptive married mothers with an adopted infant below 12 months will get 4 weeks of mandatory Government-paid adoption leave, the enhanced M & P Package did not extend paternity leave to adoptive fathers.

Maternity Benefits for the short-term workers

A) The Current Position

25.   Presently, working mothers (such as contract or freelance workers) may not be eligible or entitled to maternity benefits from their employers.

B) Under the enhanced M & P Package

26.   With effect from 1 January 2013, working mothers with Singapore Citizen children born on or after 1 January 2013 and who are not eligible for maternity leave from their employers can apply to the Government to receive Government-paid maternity benefit. They will now get this new Government maternity cash benefit or payout. In other words, this new maternity benefit for working women who are not eligible for maternity leave from their employers will now get a cash payout in lieu of  maternity leave. 

27.  The maternity benefit is equivalent to the Government-paid portion of maternity leave, namely, equivalent to 8 weeks for the 1^st and 2^nd confinement and 16 weeks for the 3^rd and each subsequent confinement. It is calculated based on the average gross rate of pay in the 12 months before the birth of the child, capped at $10,000 per 4 weeks up to a total of $40,000 in total for 16 weeks. The maternity benefit will give pregnant women with some income in the months after the birth of their child when they may not be able to work. 

C) Eligibility criteria under the M & P Package

28.  In order to be eligible or qualify for the maternity benefit, the following criteria must be satisfied:

• The female employee must have worked for at least a total of 90 days in the 12 months before giving birth. The total of 90 days can be discontinuous, that is, even if the employee had worked for different employers during the total 90 days period, she can be eligible for the maternity benefit;
• The  child must be a Singapore Citizen;
• The child must be born on or after 1 January 2013.
• The employee must be lawfully married to the child’s father either at the point of inception or birth or within 12 months of the delivery date;
• The employee is not eligible for Government-paid maternity leave from her current employer.

D) The significance of the new Maternity Benefits for women 

29.   With the new maternity benefits for women, all working women are covered or entitled to at least Government maternity benefits, regardless of whether they are permanently employed, self-employed, on short-term contract or freelancing.

Employees in the Civil Service 

30.  The Civil Service have granted the shared parental leave, the paternity leave, the adoption leave and the extended childcare leave with effect from 1 January 2013. This is 4 months earlier than the 1 May 2013 dateline when it becomes mandatory for all employers to provide all these leave entitlements.

The employers may have to consider whether to amend their Employment Contracts

31.  The measures pertaining to the extended maternity protection for retrenchment and for dismissal without sufficient cause, the extended childcare leave, the shared parental leave, the paternity leave and the adoption leave all will come into operation with effect from 1 May 2013. However, the Government is encouraging employers to start offering these schemes for any Singapore Citizen births from 1 January 2013 on a voluntary basis.

32.   Whether or not the employers voluntarily offer these schemes before 1 May 2013, they are required by law to offer them for any Singapore Citizen births on or after 1 May 2013. Employers, in particular their Human Resource Department, may have to consider amending their Employment Contracts to take into account these schemes.

By Dravida Maran, Lawyer & Legal Adviser to HRmatters21

All information contained in this update is intended only for your general information. It not intended and/or should not be regarded under any circumstances as legal advice.