s 12H Length of benefit period, etc., in respect of paternity leave
12H.—(1) Subject to subsection (5) and any regulations made under section 20, every male employee, who is the natural father of a child and who satisfies the requirements of section 12I(1), or who is the adoptive father of a child and who satisfies the requirements of section 12I(2), is entitled to absent himself from work on paternity leave for —(a) either of the following periods, which must be taken within 16 weeks commencing on the date of the child’s birth:(i) in the case of the father of an April 2025 Scheme child — a period of 4 weeks; (ii) in the case of the father of any other child — a period of 2 weeks; or[Act 46 of 2024 wef 01/04/2025] (b) one or more than one period, where —(i) the duration of each period is agreed between the employee and his employer; (ii) the duration of the period (if only one), or the aggregate duration of all the periods (if more than one), is equal to —(A) in the case of the father of an April 2025 Scheme child — 4 times the employee’s weekly index or 24 days, whichever is the lower; or (B) in the case of the father of any other child — twice the employee’s weekly index or 12 days, whichever is the lower; and (iii) the period or all the periods (as the case may be) must be taken within 12 months commencing on the date of the child’s birth.[Act 46 of 2024 wef 01/04/2025] (1A) A male employee mentioned in subsection (1) who is the natural father or adoptive father of an April 2025 Scheme child must —(a) give to his employer a notice of at least the prescribed period (or any shorter period agreed between the employee and employer) before absenting himself from work under subsection (1)(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 himself from work under subsection (1)(a)(i).[Act 46 of 2024 wef 01/04/2025] [12/2013; 33/2016] (2) An employer must grant a male employee his entitlement to paternity leave in accordance with this Act and pay the employee who is entitled to such leave his gross rate of pay for every day of such leave that is taken by the employee.[12/2013] (3) Where the employment of a male employee is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has exercised, wholly or partly, his entitlement to absent himself from work on paternity leave, he forfeits the following upon the termination of his employment:(a) the entitlement (or the balance of that entitlement) to absent himself from work on paternity leave; (b) the entitlement to receive payment from his employer at his gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).[12/2013; 19/2021] (4) Subject to subsection (5) and any regulations made under section 20, a self‑employed man who —(a) is the natural father of a child and satisfies the requirements of section 12I(1), or is the adoptive father of a child and satisfies the requirements of section 12I(2); (b) within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, where the duration of the period (if only one) or the aggregate duration of all the periods (if more than one) is equal to —(i) in the case of the father of a January 2024 Scheme child — 4 times his weekly index or 24 days, whichever is the lower; or (ii) in the case of the father of any other child — twice his weekly index or 12 days, whichever is the lower; and[Act 46 of 2024 wef 01/04/2025] (c) has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation, is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (b). [33/2016] (5) Every male employee or self-employed man who is the adoptive father of a child and who satisfies the requirements of section 12I(2) is only entitled to take the paternity leave commencing on or after —(a) the date on which an application is made by the adoptive father to adopt the child, where the child is a citizen or permanent resident of Singapore; or[Act 46 of 2024 wef 01/04/2025] (b) the date on which the dependant’s pass in respect of the child is issued, where the child is not a citizen or permanent resident of Singapore.[12/2013] [Act 46 of 2024 wef 01/04/2025] (6) When a male employee absents himself from work in accordance with this section, it is not lawful for his employer to give him a notice of dismissal during his absence or on such a day that the notice will expire during his absence.[Act 46 of 2024 wef 01/04/2025] (6A) Any employer who acts in contravention of subsection (6) 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.[Act 46 of 2024 wef 01/04/2025] (7) Any employer who fails, without reasonable cause, to grant paternity leave to a male employee who is entitled to and requests for such 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.[12/2013] (8) Any employer who fails to pay a male employee in accordance with this section and section 12I 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.[12/2013] (9) Where an employer has been convicted of an offence under subsection (6A) or (8), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12J which have not been paid to a male employee in accordance with this section and section 12I.[12/2013] [Act 46 of 2024 wef 01/04/2025] (10) Where an employer who is convicted or found guilty of an offence under subsection (6A), (7) or (8) 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.[12/2013] [Act 46 of 2024 wef 01/04/2025] (11) For the purposes of subsection (10), a person is a repeat offender in relation to an offence under subsection (6A), (7) or (8) if the person who is convicted or found guilty of an offence under subsection (6A), (7) or (8) (called the current offence) has been convicted or found guilty of an offence under subsection (6A), (7) or (8) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.[12/2013] [Act 46 of 2024 wef 01/04/2025] (12) This section (except for subsections (1)(a)(i) and (b)(ii)(A) and (4)(b)(i)) and section 12I (except for section 12I(3)(b)(i) and (4)(b)(i)) apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive.[19/2021] [Act 32 of 2023 wef 01/01/2024] [Act 46 of 2024 wef 01/04/2025] (13) [Deleted by Act 46 of 2024 wef 01/04/2025]