Frequently Asked Questions on Paid Maternity Leave
Policy Rationale
Eligibility & Criteria
General Procedures
Disputes, Dismissals & Retrenchment
What are the changes that have been made to maternity leave?
With effect from 17 Aug 2008:
a) Paid maternity leave will be for up to 16 weeks (previously 12 weeks). For the first two confinements, the first eight weeks of maternity leave will continue to be employer-paid. The last eight weeks will be funded by the Government (capped at $10,000 per four weeks, i.e. $20,000 per confinement including CPF contributions). For the third and subsequent confinements, the full 16 weeks will be funded by the Government (capped at $10,000 per four weeks, i.e. $40,000 per confinement including CPF contributions). The last eight weeks may be taken flexibly within a 12-month period from the birth of the child.
b) To qualify for maternity leave benefits, the mother must have worked for at least 90 days with the employer (previously 180 days).
c) Maternity leave benefits will be payable even if the pregnant employee is retrenched within the last three months of pregnancy.
d) Maternity leave benefits will be payable even if the pregnant employee is dismissed without sufficient cause within the last 6 months of pregnancy*.
* Includes termination of employment with or without notice.
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Why is the Government extending paid maternity leave?
This is part of the overall package of measures to support parenthood and make Singapore a more conducive place for families.
A longer period of maternity leave will allow working mothers more time to bond with their newborns and recuperate from childbirth. It also gives mothers additional time to ensure that childcare arrangements are satisfactory, before they return to work.
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Who is eligible for the extended Government-Paid Maternity Leave?
You will be eligible for 16 weeks of paid maternity leave if:
a) Your child is born on or after 17 Aug 2008; and
b) Your child is a Singaporean; and
c) The child’s parents are lawfully married; and
d) You have worked for the employer for a continuous duration of at least 90 days before the birth of the child.
For self-employed mothers, in addition to criteria (a) to (c), you must have been engaged in a particular business or profession for a continuous period of at least 90 days before the child is born, and have lost income as a result of not engaging in the business or profession during the maternity leave period.
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I am a single/unmarried mother of a Singaporean child. Apart from this, I meet all the other eligibility criteria for maternity leave. Am I eligible for the extended Government-Paid Maternity Leave?
No, you will not be eligible for government-paid maternity leave. However, if you marry the child’s father within 12 months from the birth of the child, you will be eligible for any remaining extended maternity leave in that year.
As a basic employment benefit, a single mother who has never been married and covered under the Employment Act is still entitled to take 12 weeks of maternity leave. The first eight weeks for her first two confinements will be paid for by the employer and the last four weeks unpaid.
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I am the mother of a non-Singaporean child. How do I qualify for extended Government-Paid Maternity Leave?
or
I am a Singaporean, but my child is not. Do I qualify for extended Government-Paid Maternity Leave?
If your child becomes a Singaporean within 12 months from his/her birth, you will be eligible for any remaining extended maternity leave in that year. You will also have to meet the other qualifying criteria including having worked for your employer for a continuous duration of at least 90 days.
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I am a foreigner / PR working in Singapore. Am I eligible for the extended maternity leave?
You will be eligible for the extended Government-Paid Maternity Leave so long as your child is a Singaporean and you meet the other eligibility criteria. You are not required to be a Singaporean yourself.
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I meet all the qualifying conditions. However, I am a fixed-term contract/temporary/part-time employee. Will I qualify for the extended Government-Paid Maternity Leave from the 13th to 16th week?
Yes, you will be eligible.
You will be paid at the gross rate for each day that you would normally have been required to work under your contract of service. Any unconsumed maternity benefits at the end of your contract would lapse.
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Am I eligible for the extended Government-Paid Maternity Leave if I am still on my probation at work?
Yes, your probationary status will not affect your entitlement to extended Government-Paid Maternity Leave.
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Am I eligible for the extended Government-Paid Maternity Leave if I adopt an infant?
No, you are not entitled to maternity leave.
However, if your employer voluntarily provides you with Adoption Leave, your employer can seek Government reimbursement for up to four weeks of Adoption Leave (capped at $10,000, including CPF contributions) if all the criteria below are met :
a) the adopted child is a Singaporean or becomes one within 6 months of the adoption order being granted;
b) you are lawfully married* at the point of application of Adoption Leave.
In addition to satisfying the above criteria, a self-employed mother must show that she has lost income as a result of not engaging in her trade, business, profession or vocation during the adoption leave period.
The Adoption Leave must be consumed within six months from the date of birth of the adopted child.
* Widows and divorcees are also eligible.
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How do I apply for Government-Paid Maternity Leave?
You should inform your employer as early as possible, at least one week before you start your maternity leave. You should also reach an agreement with your employer on how and when you intend to take the leave.
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How do I take the 16 weeks of paid maternity leave?
You may take the 16 weeks of maternity leave from work continuously, starting from four weeks before delivery.
Where there is mutual agreement with the employer, the last eight weeks (9th to 16th week) of maternity leave can be taken flexibly, within 12 months from the birth of the child.
You and your employer should discuss and come to an agreement on the arrangement that will best suit the needs of both parties before the employee goes on maternity leave.
You and your employer should also anticipate and agree on an approach to deal with possible situations that may arise from taking the leave flexibly – for example, how your work performance will be assessed when you are on flexible leave.
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Can I take the 16 weeks of maternity leave flexibly?
Yes, where there is a mutual agreement with the employer, the last eight weeks (ninth to 16th week) of maternity leave can be taken flexibly within 12 months of the delivery of your child (refer to example below). You should discuss with your employer and come to an agreement on the arrangement that will best suit the needs of both parties when you go on flexible maternity leave.
Example: Number of Days that can be taken flexibly
If Mrs Tan is on a five-day work week, the number of days of maternity leave that could be taken flexibly is computed as follows:
Number of working days per week x 8 weeks = 5 x 8 = 40 days
Thus, she could, after eight weeks of maternity leave,
a) return to work on a half-day scheme; or
b) be on a shortened work-week e.g. two or three days
until the flexible leave of 40 days is exhausted. Whichever form it takes, both the employer and employee must agree to the arrangement.
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As an employer, when should I pay my employee her salary during her maternity leave? What about parts of the maternity leave which will be Government-funded?
An employee who meets the qualifying conditions for paid maternity leave should continue to receive salary from her employer throughout her maternity leave as if she had been working without a break. For the first and second child, the Government will pay up to $20,000 (including CPF contributions) per confinement for the last eight weeks. For the third and subsequent child, the Government will pay up to $40,000 (including CPF contributions) per confinement for the full 16 weeks.
The employer may claim reimbursement subsequently from the Government, for the amount of Government-paid maternity leave taken. For the 1st and 2nd confinements, Government reimbursement is applicable only after the employer has paid for eight weeks of maternity leave.
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As an employer, how do I pay an employee who takes the extended Government-Paid Maternity Leave flexibly? When is salary payable?
You should continue to pay her normal salary for the days that she works on her usual pay day. Payment should be made to her on her usual pay day.
For the first and second confinements, the Government will pay up to $20,000 (including CPF contributions) per confinement for the last eight weeks. For the third and subsequent confinements, the Government will pay up to $40,000 (including CPF contributions) per confinement for the full 16 weeks.
The employer may claim reimbursement subsequently from the Government, for the Government-paid maternity leave taken. The employer may claim reimbursement after the full maternity leave entitlement has been claimed by the employee. For the first and second confinements, Government reimbursement is applicable only after the employer has paid for eight weeks of maternity leave.
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As an employer, how do I claim for reimbursement of the Government-Paid Maternity Leave?
The employer should ensure that he has received the employee’s Declaration Form (at least one week before the start of maternity leave), and that eligibility criteria are met before making payment to the employee. The form should be kept for three years for auditing.
The employer should continue to pay the employee during the maternity leave period. For the Government-paid portion of maternity leave, the employer is not required to pay above the reimbursement cap of $10,000 per four weeks, although he may voluntarily do so. Once the employee has finished using all her maternity leave, including leave that is taken flexibly, the employer must submit the claim for reimbursement to MCYS within three months of the last day of the employee’s maternity leave. The claim can be submitted online when the legislative and administrative changes are made.
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Can any part of the maternity leave be used to offset the notice period for termination of employment?
No. The days an employee is away on maternity leave will not be counted as part of the notice period.
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If I change jobs before I complete my maternity leave, can I carry over the balance of maternity leave to my new company?
If you switch companies before you complete your maternity leave, you will not be able to carry over any unused maternity leave to the new company.
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Can I choose not to take the full maternity leave?
Yes, you may choose not to take the full maternity leave. However, you would not be given additional salary in lieu of the maternity benefits.
Alternatively, you could consider taking the last eight weeks of your maternity leave flexibly within a 12-month period. In such a case, you should discuss with your employer and come to an agreement on the arrangement that will best meet the needs of both parties before you go on maternity leave.
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My employer agreed to let me spread the last eight weeks of maternity leave over 12 months. However, it turns out that I will be leaving my company before I can use up the flexible leave as agreed. Can I ask my employer to let me use up the maternity leave before I go? What if my employer does not allow it?
You should discuss this matter with your employer. If your employer agrees to let you take the outstanding flexible maternity leave before you leave the company, you can do so. If there is no mutual agreement, the unused leave will lapse.
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As an employer, do I need to provide a retrenched pregnant employee both her retrenchment benefits and maternity leave benefits?
Yes. If the employer is providing retrenchment benefits to all other retrenched workers, you will need to provide the retrenchment benefits on top of the employee’s maternity leave benefits.
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