§ 76 — Length of benefit period

76.—(1) Subject to this section, every female employee is 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 than one period each of such duration as agreed between the employee and her employer but in aggregate no shorter than as reckoned in accordance with the Fifth Schedule or 24 days, whichever is the lower, all of which must be taken within the period of 12 months commencing on the day of her confinement.[26/2013]

(1A) Subject to this section and section 77, every female employee is entitled to receive payment from her employer at her gross rate of pay for any of the following periods (called in this Part 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);

(c)

where subsection (1)(c) applies, the period of 8 weeks referred to in subsection (1)(c)(i).[27/2015]

(2) A female employee who delivers a child before 1 May 2013, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 1 May 2013, is not 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.[12/2013]

(2A) A female employee who delivers a child —(a)

on or after 1 May 2013 but before 22 August 2015; or

(b)

before 1 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 1 May 2013,

is not 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.

[12/2013; 27/2015]

(2B) A female employee who delivers a child —(a)

on or after 22 August 2015; or

(b)

before 22 August 2015 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after that date,

is not entitled to any pay during the benefit period if she has not served her employer for a period of at least 3 months preceding the day of her confinement.

[27/2015]

(3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she is 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.

(4) Subject to any collective agreement or award to the contrary, a female employee is not 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.

(5) Subsection (4) does not apply to such class or classes of employees as the Minister may, by notification in the Gazette, specify.

(5A) Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement to absent herself from work during a period mentioned in subsection (1)(a), (b) or (c), she forfeits the following upon termination of her employment:(a)

that entitlement (or the balance of that entitlement) to absent herself from work;

(b)

the entitlement under this section (if any) to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).[19/2021]

(6) Where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation) 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 forfeits that entitlement (or the balance thereof) upon the termination of her employment.[19/2021]

—(1) Subject to this section, every female employee is 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 than one period each of such duration as agreed between the employee and her employer but in aggregate no shorter than as reckoned in accordance with the Fifth Schedule or 24 days, whichever is the lower, all of which must be taken within the period of 12 months commencing on the day of her confinement.[26/2013]

(1A) Subject to this section and section 77, every female employee is entitled to receive payment from her employer at her gross rate of pay for any of the following periods (called in this Part 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);

(c)

where subsection (1)(c) applies, the period of 8 weeks referred to in subsection (1)(c)(i).[27/2015]

(2) A female employee who delivers a child before 1 May 2013, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 1 May 2013, is not 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.[12/2013]

(2A) A female employee who delivers a child —(a)

on or after 1 May 2013 but before 22 August 2015; or

(b)

before 1 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 1 May 2013,

is not 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.

[12/2013; 27/2015]

(2B) A female employee who delivers a child —(a)

on or after 22 August 2015; or

(b)

before 22 August 2015 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after that date,

is not entitled to any pay during the benefit period if she has not served her employer for a period of at least 3 months preceding the day of her confinement.

[27/2015]

(3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she is 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.

(4) Subject to any collective agreement or award to the contrary, a female employee is not 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.

(5) Subsection (4) does not apply to such class or classes of employees as the Minister may, by notification in the Gazette, specify.

(5A) Where the employment of a female employee is terminated because she resigns before she has exercised, wholly or partly, her entitlement to absent herself from work during a period mentioned in subsection (1)(a), (b) or (c), she forfeits the following upon termination of her employment:(a)

that entitlement (or the balance of that entitlement) to absent herself from work;

(b)

the entitlement under this section (if any) to receive payment from her employer at her gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).[19/2021]

(6) Where the employment of a female employee is terminated (whether by dismissal, upon the completion of her contract of service, or for any reason other than by resignation) 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 forfeits that entitlement (or the balance thereof) upon the termination of her employment.[19/2021]