s 12I Eligibility criteria and cap in respect of paternity leave benefits
12I.—(1) A male employee who is the natural father of a child is entitled to absent himself from work on paternity leave and to payment under section 12H(1) and (2), and a self‑employed man who is the natural father of a child is entitled to payment by the Government under section 12H(4), if —(a) the mother’s confinement in respect of the child occurs, or the estimated delivery date for that confinement is, on or after 1 January 2017, or (in the case of a stillborn child) on or after 1 November 2021; (b) the child delivered during the mother’s confinement —(i) is a citizen of Singapore at the time of the child’s birth, or (in the case of a stillborn child) would have been a citizen of Singapore at birth; or (ii) is not a citizen of Singapore at the time of the child’s birth but becomes a citizen of Singapore within the period of 12 months commencing on the date of the child’s birth; (c) the child’s mother —(i) is lawfully married to the child’s natural father at the time the child is conceived; (ii) becomes lawfully married to the child’s natural father after the child is conceived but before the child’s birth, whether or not such marriage remains subsisting at the time of the child’s birth; or (iii) is not lawfully married to the child’s natural father at the time the child is conceived or at any time after the child is conceived but before the child’s birth, but becomes lawfully married to the child’s natural father within the period of 12 months commencing on the date of the child’s birth; (d) in the case of a male employee, he has served the employer for a period of at least 3 months preceding the date of the child’s birth; and (e) in the case of a self-employed man, he has been carrying on his trade, business, profession or vocation for a continuous period of at least 3 months preceding the date of the child’s birth.[12/2013; 27/2015; 33/2016; 19/2021] (1A) To avoid doubt, where a male employee or a self‑employed man is the natural father of a child, his entitlement under section 12H(1) and (2), section 12H(4) or section 12HA(2) (as the case may be) applies only once for each confinement of the child’s mother, regardless of the number of children born or stillborn during that confinement.[33/2016; 19/2021] (2) A male employee who is the adoptive father of a child is entitled to absent himself from work on paternity leave and to payment under section 12H(1) and (2), and a self‑employed man who is the adoptive father of a child is entitled to payment by the Government under section 12H(4), if —(a) the eligibility date of the application to adopt the child is on or after 1 January 2017; (b) the child is below 12 months of age on the eligibility date of the application to adopt the child;[Act 46 of 2024 wef 01/04/2025] (ba) where the child is a permanent resident of Singapore, the adoptive father or his wife (if she is a joint applicant to the adoption) is a citizen of Singapore on the date the application to adopt the child is made;[Act 46 of 2024 wef 01/04/2025] (c) where the child is not a citizen or permanent resident of Singapore, the adoptive father or his wife, if she is a joint applicant to the adoption, is a citizen of Singapore on the date the dependant’s pass is issued in respect of the child;[Act 46 of 2024 wef 01/04/2025] (d) in the case of a male employee, he has served his employer for a period of at least 3 months before the eligibility date of the application to adopt the child; (e) in the case of a self-employed man, he has been carrying on his trade, business, profession or vocation for a continuous period of at least 3 months before the eligibility date of the application to adopt the child; and (f) he is not the natural father of the child.[12/2013; 27/2015; 33/2016] (3) Subject to any regulations made under section 20, where a male employee absents himself from work on paternity leave for any period mentioned in section 12H(1), the payment he is entitled to receive from his employer under section 12H(2) is an amount that does not exceed —(a) $2,500 for every period equal in duration to the male employee’s weekly index or every 6 days, whichever is the lower, of his absence from work under section 12H(1); and (b) a total of —(i) $10,000 for the male employee who is the father of an April 2025 Scheme child; or (ii) $5,000 for the male employee who is the father of any other child.[Act 46 of 2024 wef 01/04/2025] [33/2016; 19/2021] (4) Subject to any regulations made under section 20, where a self‑employed man ceases to be actively engaged in his trade, business, profession or vocation during any period mentioned in section 12H(4), the payment he is entitled to receive from the Government under section 12H(4) is an amount that does not exceed —(a) $2,500 for every period equal in duration to the self‑employed man’s weekly index or every 6 days, whichever is the lower, of his cessation of active engagement in his trade, business, profession or vocation; and (b) a total of —(i) $10,000 for the self‑employed man who is the father of a January 2024 Scheme child; or (ii) $5,000 for the self‑employed man who is the father of any other child.[Act 46 of 2024 wef 01/04/2025] (4A) A man who is the natural father of a child or the adoptive father of a child is entitled to paternity benefits under section 12HA(2), if —(a) in relation to the child —(i) the mother’s confinement in respect of the child occurs, or the estimated delivery date for that confinement is, on or after 1 January 2021; or (ii) the eligibility date of the application to adopt the child is on or after 1 January 2021, and the child is below 12 months of age on that eligibility date; (b) for at least 90 days in total during the period of 12 months immediately before the day of the mother’s confinement or the eligibility date of the application to adopt the child (as the case may be), the man has been employed by one or more employers, self‑employed or both (whether in Singapore or outside Singapore); (c) in the case of a man who is the natural father of the child, the requirements of subsection (1)(b) and (c) are satisfied; (d) in the case of a man who is the adoptive father of the child, the requirements of subsection (2)(c) and (f) are satisfied; and (e) in the case of a man who has been employed outside Singapore or self‑employed outside Singapore, he —(i) is resident in Singapore, and is no longer employed outside Singapore or self‑employed outside Singapore (as the case may be), on the day of the mother’s confinement or the eligibility date of the application to adopt the child, as the case may be; and (ii) opts to do either or both of the following:(A) use any period during the 12 months immediately before the day of the mother’s confinement or the eligibility date of the application to adopt the child (as the case may be) when he was employed outside Singapore, or was self‑employed outside Singapore, to satisfy the requirement in paragraph (b); (B) use his income during any period mentioned in sub‑paragraph (A) to calculate his total income for the purposes of section 12HA(2).[19/2021] (4B) Section 9A(2A) applies for the purposes of reckoning the number of days under subsection (4A)(b) in which a man has been employed or self‑employed, with the following modifications:(a) the reference to the day of a woman’s confinement in section 9A(2A)(a) is a reference to the day of confinement of the mother of the child or the eligibility date of the application to adopt the child, whichever is applicable; (b) every reference in section 9A(2A) to a woman’s employment or self‑employment is a reference to the employment or self‑employment (as the case may be) of the man mentioned in subsection (4A).[19/2021] (5) The amounts of payment referred to in subsections (3) and (4) are inclusive of any contribution to the Central Provident Fund which an employer, a platform operator, a male employee or a self‑employed man is liable to make under the Central Provident Fund Act 1953.[12/2013] [Act 30 of 2024 wef 01/01/2025] (6) This section and section 12H must not be construed as derogating from any other benefits that a male employee is entitled to, during the period in which he is entitled to paternity leave and to payment for such leave, under the terms of his contract of service or under any written law.[12/2013]