s 12D Unpaid infant care leave for parent of qualifying child
12D.—(1) Subject to subsections (1A), (1B) and (2) and any regulations made under section 20, where any employee —(a) has served an employer for a period of not less than 3 months; and (b) has any child who is below 2 years of age and who is, or who becomes, a qualifying child, at any time during any relevant period, the employee is entitled to unpaid infant care leave of 12 days for that relevant period. [28/2008; 19/2021] [Act 32 of 2023 wef 01/01/2024] (1A) A male employee is not entitled to unpaid infant care leave under subsection (1) in respect of a qualifying child if —(a) the male employee is the natural father of the qualifying child; and (b) either the male employee or the natural mother of the qualifying child was lawfully married to another person, or both of them were lawfully married but not to each other, at the time the qualifying child was conceived.[19/2021] (1B) Despite subsection (1A), if the male employee and the natural mother of the qualifying child become lawfully married to each other after the child is conceived (whether or not the marriage remains subsisting), the male employee then becomes entitled to unpaid infant care leave under subsection (1) in respect of the qualifying child —(a) in a case where the lawful marriage occurred before the birth of the qualifying child — starting on the date of the child’s birth; and (b) in any other case — starting on the date of their lawful marriage.[19/2021] (2) An employee who is entitled to unpaid infant care leave under subsection (1) —(a) is not entitled to more than 24 days of unpaid infant care leave in respect of any qualifying child; and[Act 32 of 2023 wef 01/01/2024] (b) must —(i) take his or her first entitlement of unpaid infant care leave of 12 days for a relevant period in that relevant period or the next succeeding relevant period; and[Act 32 of 2023 wef 01/01/2024] (ii) thereafter, take the next entitlement of unpaid infant care leave of 12 days for a relevant period in the next succeeding relevant period.[28/2008; 19/2021] [Act 32 of 2023 wef 01/01/2024] (3) [Deleted by Act 33 of 2016] (4) The unpaid infant care leave is in addition to —(a) the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 88, 88A and 89, respectively, of the Employment Act 1968; and (b) any childcare leave to which an employee may be entitled under section 87A of the Employment Act 1968 or under section 12B.[28/2008; 32/2008; 55/2018] (5) Subject to subsection (2)(b), an employer must grant, and an employee who is entitled to unpaid infant care leave must take, the entitlement of unpaid infant care leave 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) thereupon ceases to be entitled to that leave; and (b) is not entitled to any payment in lieu of that leave.[28/2008] (6) If the employment of an employee who is entitled to unpaid infant care leave is terminated (whether by resignation or dismissal, upon the completion of his or her contract of service, or for any other reason) before he or she has taken the entitlement of unpaid infant care leave for a relevant period, the employee —(a) ceases to be entitled to that leave upon the termination of the employment; and (b) is not entitled to any payment in lieu of that leave.[28/2008] (6A) To avoid doubt, the employee ceases to be entitled to any unpaid infant care leave in respect of a qualifying child, and is not entitled to any payment in lieu of that leave, if —(a) the qualifying child is adopted by another person, other than jointly with the employee; or (b) the employee ceases to provide care, protection or supervision as a foster parent to the child under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act.[30/2019] (7) Any employer who fails, without reasonable cause, to grant unpaid infant care 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 —(a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and (b) for a subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[28/2008; 12/2013] (8) This section must not be construed as derogating from any other benefits that an employee is entitled to, during any period of unpaid infant care leave taken by him or her, under the terms of his or her contract of service or under any written law.[28/2008] (9) Despite anything to the contrary in the Employment Act 1968, a period of unpaid infant care leave taken by an employee under this section counts towards the length of the employee’s service for the purposes of that Act.[28/2008] (10) In this section —“child”, in relation to an employee, includes —(a) any adopted child or stepchild of the employee; and (b) any child to whom the employee is providing care, protection and supervision as a foster parent under a voluntary care agreement as mentioned in section 15 of the Children and Young Persons Act 1993, or pursuant to an order under section 54(1)(b) or 56(2), or section 57 (read with section 56) of that Act; “qualifying child” means a child who is a citizen of Singapore; “relevant period”, in relation to an employee, means —(a) any period of 12 months as is agreed to by the employee and his or her employer; or (b) where there is no such agreement, a calendar year.[28/2008; 12/2013; 30/2019]