REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 38] FRIDAY, OCTOBER 1 [2004

First published in the Government Gazette, Electronic Edition, on 30th September 2004 at 5:00 pm.

The following Act was passed by Parliament on 21st September 2004 and assented to by the President on 27th September 2004:—

REPUBLIC OF SINGAPORE

No. 41 of 2004. I assent. S R NATHAN, President. 27th September 2004.

An Act to amend the Employment Act (Chapter 91 of the 1996 Revised Edition). Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

and (b) by deleting subsection (2) and substituting the following subsections: “(2) The Commissioner may. Section 41A of the Employment Act is amended — (a) by deleting the word “Minister” wherever it appears in subsection (1) and substituting in each case the word “Commissioner”. 41 OF 2004 Short title and commencement 1. direct that the entitlement to be paid for extra work under section 37(2) or (3). immediately before section 68 in Part VIII. 38(4). the employer shall display the order or a copy thereof conspicuously in the place where the employee or class of employees are employed. subject to such conditions as the Commissioner thinks fit. 40(4) or 42(4) shall not apply to that employee or class of employees. 38(4). Section 2 of the Employment Act is amended by deleting the definitions of “child” and “young person”. by order in writing. (3) Where the Commissioner — (a) exempts an employee or any class of employees from section 38(1).2 NO. Amendment of section 41A 3. after considering the operational needs of an employer and the interests of an employee or a class of employees. (5) or (8) or 40 (3).”. the following section: . New section 67A 4. The Employment Act is amended by inserting. This Act may be cited as the Employment (Amendment) Act 2004 and shall come into operation on 1st October 2004. Amendment of section 2 2. or (b) directs that the entitlement to be paid for extra work under section 37(2) or (3). 40(4) or 42(4) shall not apply to an employee or any class of employees.

Amendment of section 68 5. Amendment of heading to Part IX 6.”. every female employee shall be entitled to absent herself from work — (a) during — (i) the period of 4 weeks immediately before her confinement. Section 68(3) of the Employment Act is amended by deleting the words “12 years” and substituting the words “13 years”. commencing — (i) not earlier than 28 days immediately preceding the day of her confinement. immediately after the word “BENEFITS” in the Part heading. (b) during a period of 12 weeks. Part IX of the Employment Act is amended by inserting. as agreed to by her and her employer. Section 76 of the Employment Act is amended — (a) by deleting subsection (1) and substituting the following subsections: “(1) Subject to this section.EMPLOYMENT (AMENDMENT) 3 “Interpretation of this Part 67A. the words “AND CHILDCARE LEAVE FOR PARENT”. and (ii) not later than the day of her confinement. In this Part — “child” means a person who has not completed his 15th year of age. and (ii) the period of 8 weeks immediately after her confinement. Amendment of section 76 7. “young person” means a person who has completed his 15th year of age but who has not completed his 16th year of age. or .

a female employee shall not be entitled to any payment under subsection (1A) for any confinement if. and (ii) one or more further periods. and . as agreed to by her and her employer. and (b) those children were born during more than one previous confinement.”. at the time of the confinement — (a) she has 2 or more living children. as agreed to by her and her employer. (1A) Subject to this section. which shall be within the period of 6 months commencing on the day of her confinement. the period of 8 weeks referred to in subsection (1)(c)(i). not exceeding 24 days in the aggregate. 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). 41 OF 2004 (c) during — (i) a period of 8 weeks. commencing — (A) not earlier than 28 days immediately preceding the day of her confinement.”. (b) by deleting subsection (4) and substituting the following subsection: “(4) Notwithstanding any collective agreement or award to the contrary. 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. and (B) not later than the day of her confinement.4 NO. (b) where subsection (1)(b) applies. or (c) where subsection (1)(c) applies. the first 8 weeks of the period referred to in subsection (1)(b).

EMPLOYMENT (AMENDMENT) 5 (c) by inserting. the following section: “Childcare leave for parent 87A. (2) An employee — (a) shall not be entitled to more than 14 days of childcare leave in respect of any child. Amendment of section 87 8. and (b) shall — (i) take his first entitlement of childcare leave of 2 days for a relevant period in respect of a child in the relevant period in which the child was born or the next succeeding relevant period. and . immediately after subsection (5). her entitlement to absent herself from work during a period referred to in subsection (1)(c)(ii). wholly or partly. upon the completion of her contract of service. the words “(other than section 87A)”. he shall be entitled to childcare leave of 2 days for that relevant period. the following subsection: “(6) Where the employment of a female employee is terminated (whether by resignation or dismissal. where any employee — (a) has served an employer for a period of not less than 3 months. New section 87A 9.”.—(1) Subject to subsection (2). and (b) has any child below the age of 7 years at any time during any relevant period. immediately after section 87. she shall forfeit that entitlement (or the balance thereof) upon the termination of her employment. immediately after the words “this Part”. Section 87 of the Employment Act is amended by inserting. The Employment Act is amended by inserting. or for any other reason) before she has exercised.

take his next and each subsequent entitlement of childcare leave of 2 days for a relevant period in respect of the child in the next succeeding relevant period and in each subsequent succeeding relevant period. annual leave and sick leave to which an employee is entitled under sections 36. (7) Any employer who contravenes subsection (5) shall be guilty of an offence. (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. 42. respectively. or (b) where there is no such agreement. 43 and 44. (3) The childcare leave shall be in addition to the rest days. 41 OF 2004 (ii) thereafter. (6) If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal. or for any other reason) before he has taken the entitlement of childcare leave of 2 days for a relevant period. and (b) shall not be entitled to any payment in lieu thereof. and (b) shall not be entitled to any payment in lieu thereof. “relevant period”. a calendar year. (4) An employer shall grant. holidays. the employee — (a) shall cease to be entitled to that leave upon the termination of his employment. respectively. the entitlement of childcare leave of 2 days for a relevant period not later than the last day of that relevant period. in relation to an employee. . includes any adopted child and step-child of the employee. in relation to an employee. and an employee who is entitled to childcare leave shall take. and any employee who fails to take that leave by that day — (a) shall thereupon cease to be entitled to that leave. means — (a) any period of 12 months as is agreed to by the employee and his employer. upon the completion of his contract of service. (8) In this section — “child”.6 NO.”.

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