s 12DA Shared parental leave or claim for lost income for parents of April 2025 Scheme child
12DA.—(1) This section applies to, and in relation to, a parent of an April 2025 Scheme child who —(a) is the natural mother or father of the child, or the adoptive mother or father of the child; and (b) is an employee or a self‑employed person who is eligible for any of the following entitlements in respect of the child:(i) any paid maternity leave or claim for lost income under section 9; (ii) any paid adoption leave under section 12AA or claim for lost income under section 12AB; (iii) any paid paternity leave or claim for lost income under section 12H. (2) Subject to this section and any regulations made under section 20, a parent of an April 2025 Scheme child who is an employee is entitled —(a) to absent herself or himself from work on shared parental leave to be taken in any of the following manner, where N is determined in accordance with a valid arrangement under section 12DD:(i) one period equal in duration to N whole weeks, where the period must be taken within 26 weeks (or any other period prescribed in substitution) commencing on the date of the child’s birth; (ii) one or more than one period, where —(A) the duration of each period is agreed between the employee and employer; (B) the duration of the period (if only one), or the aggregate duration of all the periods (if more than one), is equal to N times the employee’s weekly index or N times 6 days, whichever is the lower; and (C) the period or all the periods (as the case may be) must be taken within 12 months (or any other period prescribed in substitution) commencing on the date of the child’s birth; and (b) to receive from the parent’s employer, the parent’s gross rate of pay for each day of shared parental leave under paragraph (a) that is taken by the parent subject to the payment limits mentioned in section 12DB(1). (3) The employee mentioned in subsection (2) must —(a) give to her or his employer a notice of at least the prescribed period (or any shorter period agreed between the employee and employer) before absenting herself or himself from work under subsection (2)(a)(i), unless the employee is prevented by any sufficient cause from doing so; and (b) specify in the notice given under paragraph (a) the date on which the employee intends to commence absenting herself or himself from work under subsection (2)(a)(i). (4) Where the employment of the parent of an April 2025 Scheme child is terminated (whether by resignation or dismissal, upon the completion of the parent’s contract of service, or for any other reason) before the parent has consumed the whole or any part of the parent’s entitlement to shared parental leave, then unless the parent reallocates her or his unconsumed entitlement to shared parental leave in accordance with the Second Schedule, the parent forfeits the following upon the termination of the parent’s employment:(a) the entitlement (or the balance of that entitlement) to absent herself or himself from work on shared parental leave; (b) the entitlement to receive payment from the parent’s employer at the parent’s gross rate of pay in respect of the forfeited period of absence from work under paragraph (a). (5) The forfeiture under this Act (in whole or in part) of any entitlement mentioned in subsection (1)(b) does not disqualify the parent from reallocating her or his unconsumed entitlement to shared parental leave in accordance with the Second Schedule. (6) Subject to this section and any regulations made under section 20, a parent of an April 2025 Scheme child who —(a) is a self‑employed person; and (b) loses income by reason of the parent’s cessation of active engagement in the parent’s trade, business, profession or vocation, is entitled to claim from the Government the parent’s lost income subject to the payment limits mentioned in section 12DB(2), in respect of one period, or more than one period, of the cessation of active engagement in the parent’s trade, business, profession or vocation, where — (c) the duration of the period (if only one) or the aggregate duration of all the periods (if more than one) is equal to N times the self‑employed person’s weekly index or N times 6 days (whichever is the lower), where N is determined in accordance with a valid arrangement under section 12DD; and (d) the period or all the periods (as the case may be) must occur within 12 months (or any other period prescribed in substitution) commencing on the date of the child’s birth. (7) Where the parent mentioned in subsection (2) or (6) is an adoptive parent of the child, any period in respect of shared parental leave or of cessation of active engagement in trade, business, profession or vocation (as the case may be) must commence on or after the eligibility date of the application to adopt the child. (8) Any period of entitlement of a parent of an April 2025 Scheme child under subsection (2) or (6) ceases on the day immediately after the date of the child’s death. (9) To avoid doubt, the entitlement of a natural parent under subsection (2) or (6) applies only once for each confinement of the child’s mother, regardless of the number of children born during that confinement. (10) Any employer who fails, without reasonable cause, to grant shared parental leave under this section to a parent who is entitled to, and requests for, that leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (11) Any employer who fails to pay a parent in accordance with this section and section 12DB shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (12) Where an employer has been convicted of an offence under subsection (11), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12DB which have not been paid to an employee in accordance with this section and section 12DB. (13) Where an employer who is convicted or found guilty of an offence under subsection (10) or (11) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (14) For the purposes of subsection (13), a person is a repeat offender in relation to an offence under subsection (10) or (11) if the person who is convicted or found guilty of an offence under subsection (10) or (11) (called the current offence) has been convicted or found guilty of an offence under subsection (10) or (11) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.[Act 46 of 2024 wef 01/04/2025]