s 12 Application of certain provisions of Employment Act 1968
12.—(1) Subject to subsection (1A), sections 77 to 82, 84, 84A and 86 of the Employment Act 1968 apply to any female employee who is entitled to absent herself from work or receive payment from her employer under section 9, and to such payment from her employer, and for the purposes of such application, any reference in those sections of that Act to —(a) a female employee is a reference to a female employee to whom this Act applies; (b) an employer is a reference to an employer to whom this Act applies; (c) “this Part” is a reference to section 9 of this Act;[Act 46 of 2024 wef 01/04/2025] (d) “this Act” is a reference to this Act; and (e) section 76 is a reference to section 9 of this Act.[42/2004; 12/2013] [Act 46 of 2024 wef 01/04/2025] (1A) Section 80 of the Employment Act 1968 applies to a female employee who is entitled to absent herself from work under section 9 in respect of her confinement on or after 1 April 2025, with the following modifications:(a) a reference in section 80(1) of the Employment Act 1968 to “section 76” is a reference to section 9; (b) the requirement to give notice under section 80(1) of the Employment Act 1968 does not apply to the female employee, if the female employee’s intended absence from work under section 9 is —(i) for any period of a duration that is agreed between the female employee and her employer under section 9(1), (1A) or (1B); or (ii) for any agreed flexible period under section 9(1A); (c) the notice period of at least one week under section 80(1) of the Employment Act 1968 is modified to a notice period of at least the prescribed period (or any shorter period agreed between the female employee and her employer), if the female employee’s intended absence from work is for any period under section 9 that is not mentioned in paragraph (b); (d) a reference in section 80(3) and (4) of the Employment Act 1968 to “this Part” is a reference to section 9; (e) a reference in section 80(4) of the Employment Act 1968 to “this Act” is a reference to this Act.[Act 46 of 2024 wef 01/04/2025] (2) Parts 13 and 16 and sections 124, 125 and 126 of the Employment Act 1968, and such other provisions of that Act as the Minister charged with the responsibility for manpower may prescribe by order in the Gazette, apply, with any exceptions, adaptations and modifications that may be prescribed in the order, in relation to —(a) an employer or employee to whom section 9, 12AA, 12B, 12D, 12DA, 12E or 12H applies;[Act 32 of 2023 wef 01/01/2024] [Act 46 of 2024 wef 01/04/2025] (b) any dispute under this Part, or under any regulations made under section 20, between any such employer and any such employee; and (c) any offence or proceedings under section 12AA, 12B, 12D, 12DA, 12E, 12H or 17 (including any act or omission in respect of which a penalty is imposed),[Act 46 of 2024 wef 01/04/2025] as they apply in relation to any employer, employee, dispute, offence or proceedings (as the case may be) under that Act. [42/2004; 28/2008; 12/2013; 17/2016; 21/2016; 33/2016; 55/2018] (3) Sections 115 to 123 of the Employment Act 1968 apply, with any exceptions, adaptations and modifications that the Minister charged with the responsibility for manpower may prescribe by order in the Gazette, to a dispute mentioned in subsection (2)(b), if a claim is lodged, before 1 April 2017, under section 119 of that Act in relation to that dispute.[21/2016; 55/2018]