s 12O Recovery by Government in other circumstances
12O.—(1) The Government may recover from a woman who delivers a child an amount in accordance with regulations made under section 20 if —(a) the Government has paid one or more of the following:(i) any amount under section 9(5A) in respect of the woman’s delivery of the child; (ii) any reimbursement claimed by the woman’s employer under section 10 (whether or not pursuant to an exemption under section 22) for any amount paid to the woman in respect of her delivery of the child; (iii) where the woman has made an election under section 12E(5) for the natural father or adoptive father of the child to take shared parental leave or claim lost income in respect of the child —(A) any reimbursement claimed by the father’s employer under section 12G (whether or not pursuant to an exemption under section 22) for any amount paid to the father under section 12E(2) for shared parental leave taken in respect of the child; or (B) any amount of lost income claimed by the father under section 12E(3) (whether or not pursuant to an exemption under section 22) for ceasing to be actively engaged in his trade, business, profession or vocation in respect of the child; and (b) either of the following applies:(i) the total period of absence from work under section 9(1), (1A) or (1B) or section 12E(2), the cessation of active engagement in trade, business, profession or vocation under section 12E(3) and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —(A) 56 days, if the woman’s confinement during which the child is delivered is the woman’s first or second specified event; or (B) 112 days, if the woman’s confinement during which the child is delivered is the woman’s third or subsequent specified event;[Act 32 of 2023 wef 01/01/2024] (ii) the total amount paid by the Government under paragraph (a) exceeds —(A) the amount mentioned in section 9(5A)(a), if the woman’s confinement during which the child is delivered is the woman’s first or second specified event; or (B) the amount mentioned in section 9(5A)(b), if the woman’s confinement during which the child is delivered is the woman’s third or subsequent specified event.[19/2021] (2) The Government may recover from a woman an amount in accordance with regulations made under section 20 if, in relation to the woman’s adoption of a child —(a) the Government has paid one or more of the following:(i) any amount under section 12A(2) in respect of the woman’s adoption of the child; (ii) any reimbursement claimed by the woman’s employer under section 12AD (whether or not pursuant to an exemption under section 22) for any amount paid to the woman in respect of her adoption of the child; (iii) where the woman has made an election under section 12E(5) for the adoptive father of the child to take shared parental leave or claim lost income in respect of the child —(A) any reimbursement claimed by the father’s employer under section 12G (whether or not pursuant to an exemption under section 22) for any amount paid to the father under section 12E(2) for shared parental leave taken in respect of the child; or (B) any amount of lost income claimed by the father under section 12E(3) (whether or not pursuant to an exemption under section 22) for ceasing to be actively engaged in his trade, business, profession or vocation in respect of the child; and (b) either of the following applies:(i) the total period of absence from work under section 12AA(1) or section 12E(2), the cessation of active engagement in trade, business, profession or vocation under section 12E(3) and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —(A) 56 days, if the woman’s adoption of the child is the woman’s first or second specified event; or (B) 84 days, if the woman’s adoption of the child is the woman’s third or subsequent specified event;[Act 32 of 2023 wef 01/01/2024] (ii) the total amount paid by the Government under paragraph (a) exceeds —(A) the amount mentioned in section 12A(2)(a), if the woman’s adoption of the child is the woman’s first or second specified event; or (B) the amount mentioned in section 12A(2)(b), if the woman’s adoption of the child is the woman’s third or subsequent specified event.[19/2021] (2A) The Government may recover from a person who is a natural parent or an adoptive parent of an April 2025 Scheme child, an amount in accordance with regulations made under section 20 if, in relation to the birth or adoption of the child —(a) the Government has paid one or more of the following:(i) any amount under section 12DC(2) to the person in respect of the birth or adoption of the child, whichever is applicable; (ii) any reimbursement claimed by the employer of the person under section 12DB (whether or not pursuant to an exemption under section 22) for any amount paid to the person in respect of the birth or adoption of the child, as the case may be; and (b) either of the following applies:(i) the total period of absence from work under section 12DA(2), and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds the period of (N × 7) days applicable to the person under section 12DC(2); (ii) the total amount paid by the Government under paragraph (a) exceeds the amount mentioned in section 12DC(2).[Act 46 of 2024 wef 01/04/2025] (3) The Government may recover from a man an amount in accordance with regulations made under section 20 if, in relation to the delivery or adoption of a child —(a) the Government has paid one or more of the following:(i) any amount under section 12HA(2) in respect of the delivery or adoption of a child, whichever is applicable; (ii) any reimbursement claimed by the man’s employer under section 12J or 12JA (whether or not pursuant to an exemption under section 22) for any amount paid to the man in respect of the delivery of the child or the adoption of the child, as the case may be; and[Act 32 of 2023 wef 01/01/2024] (b) either of the following applies:(i) the total period of absence from work under section 12H(1), and the extra absence period, to which the payment by the Government under paragraph (a) relates, exceeds —(A) if section 12HA(2)(a) applies — 14 days; or (B) if section 12HA(2)(b) applies — 28 days;[Act 32 of 2023 wef 01/01/2024] (ii) the total amount paid by the Government under paragraph (a) exceeds the amount mentioned in section 12HA(2)(a) or (b), as the case may be.[19/2021] [Act 32 of 2023 wef 01/01/2024] (4) For the purposes of subsections (1), (2), (2A) and (3), the Government may recover the amount concerned from the woman or man (as the case may be) as a civil debt or by deducting the amount concerned from any subsequent payment made by the Government to the woman or man concerned (as the case may be) under any relevant statutory provision.[19/2021] [Act 46 of 2024 wef 01/04/2025] (5) In this section, “extra absence period” means —(a) in the case of subsection (1)(b)(i) in relation to a woman whose employer has claimed reimbursement from the Government under section 10(2A) — the period of the woman’s absence from work granted by the employer that was the subject of the reimbursement; (b) in the case of subsection (2)(b)(i) in relation to a woman whose employer has claimed reimbursement from the Government under section 12AD(3) — the period of the woman’s absence from work granted by the employer that was the subject of the reimbursement;[Act 46 of 2024 wef 01/04/2025] (ba) in the case of subsection (2A)(b)(i) in relation to a person whose employer has claimed reimbursement from the Government under section 12DB(6) — the period of the person’s absence from work granted by the employer that was the subject of the reimbursement; or[Act 46 of 2024 wef 01/04/2025] (c) in the case of subsection (3)(b)(i) in relation to a man whose employer has claimed reimbursement from the Government under section 12J(3) or 12JA(6), or under both provisions — the period of the man’s absence from work granted by the employer that was the subject of the reimbursement.[Act 32 of 2023 wef 01/01/2024]