Everything You Must Know On Maternity Leave In Singapore

by 21 October 2024Knowledge & Insights

Maternity leave in Singapore is a pivotal aspect of employment benefits, designed to support working mothers during a crucial period of family growth.

Governed by comprehensive legal frameworks such as the Child Development Co-Savings Act, Singapore maternity leave provides well-defined entitlements that significantly aid in family planning and child welfare.

This introduction will explore the duration, eligibility criteria, and application procedures for maternity leave, ensuring mothers understand their rights and benefits.

Check out how these provisions help maintain work-life balance, demonstrating the government’s commitment to fostering a supportive environment for parental responsibilities.

How Long Is Maternity Leave In Singapore?

As a working mother in Singapore, you are entitled to maternity leave benefits, which vary based on your child’s citizenship and other specific criteria. If your child is a Singapore citizen, you are eligible for 16 weeks of government-paid maternity leave. The requirements to qualify for this are as follows:

  • For employees: You must have been employed for a continuous period of at least 3 months before the birth of your child.
  • For self-employed: You need to have been engaged in your work for at least 3 continuous months and have experienced a loss of income during the maternity leave period.

You must inform your employer at least one week before commencing maternity leave and as soon as possible after delivery. Failing to do so can result in receiving only half the payment during the maternity leave period unless you can provide a sufficient reason for the delay.

The maternity leave can be scheduled as follows:

  • 4 weeks immediately before confinement and 12 weeks immediately after.
  • A continuous 16-week period starting no earlier than 28 days before confinement and no later than the day of confinement.
  • An initial 8-week period starting between 28 days before and the day of confinement, followed by additional periods totaling 8 weeks within 12 months from confinement.

During these periods, you are entitled to your gross rate of pay as outlined under Section 9 of the Child Development Co-Savings Act.

 

When To Start Maternity Leave In Singapore?

The starting date for maternity leave in Singapore offers flexibility to accommodate the needs of working mothers and their employers. You can begin your maternity leave:

  • Up to 4 weeks before your expected date of delivery.
  • At the earliest, 28 days before your child’s date of birth.
  • At the latest, on your child’s date of birth, upon mutual agreement with your employer.

The maternity leave is usually taken in two segments:

  • The first 8 weeks must be taken in one continuous block immediately following the birth.
  • The subsequent 8 weeks can either be taken in one continuous block immediately after the first or spread out within the first 12 months following the child’s birth, based on mutual agreement with the employer.

For financial arrangements:

  • For the first and second child, your employer pays the first 8 weeks at your gross rate of pay, and the government reimburses the 9th to 16th weeks, capped at $10,000 per 4 weeks, totaling up to $20,000 per child.
  • For the third and subsequent children, the government covers all 16 weeks, capped at $10,000 per 4 weeks, totaling up to $40,000 per child.

This structure ensures that eligible working mothers can maximise their time with their newborns while maintaining a balance with their professional responsibilities.

 

Eligibility Criteria For Maternity Leave In Singapore

According to Section 9A of the Child Development Co-Savings Act, the eligibility for maternity leave in Singapore is determined by several key criteria.

A female employee can take leave and receive payment under Section 9(1), and a self-employed woman can receive payment from the government under Section 9(4) if:

  • The confinement happens on or after 1 January 2017 or for a stillborn child on or after 1 November 2021.
  • The child delivered during the confinement is a Singapore citizen at the time of birth, or in the case of a stillborn, would have been a Singapore citizen.
  • A female employee has worked for her employer for at least a continuous three months before the day of her confinement.
  • A self-employed woman has been actively engaged in her trade, business, profession, or vocation for a continuous period of at least three months before the day of her confinement.

For Live Births

For live births, the eligibility for maternity leave hinges on the following specifics:

  • The child’s date of birth or the estimated date of delivery is on or after 1 January 2017.
  • The child must be a Singapore citizen at birth or must obtain Singapore citizenship within 12 months from the date of birth.
  • Maternity leave can be utilised only after the child obtains Singapore citizenship and must be consumed within 12 months from the child’s date of birth.

For employees:

You must have served your employer continuously for at least three months before your child’s date of birth.

If you meet all eligibility criteria except for the continuous service requirement, and your employer agrees, the government may reimburse your employer for the government-paid portion of your maternity leave.

However, this maternity leave cannot be shared with your husband under the SPL scheme if the continuous service requirement is not met.

For self-employed mothers:

You must have been engaged in your trade, business, profession, or vocation continuously for at least three months prior to your child’s date of birth and have documentation of lost income due to the maternity leave.

If you do not meet these criteria, you may still qualify for benefits under the GPMB scheme. A maternity self-assessment tool is available to help determine your specific eligibility and entitlements.

For Stillbirths

The eligibility criteria for maternity leave in the case of stillbirths are similarly structured but account for the sensitive nature of the situation:

  • The stillbirth must occur on or after 1 November 2021.
  • You must be a Singapore citizen at the time of the stillbirth, or the child’s father must be a Singapore citizen at the time and was lawfully married to you from conception to the time of stillbirth.

For employees:

You need to have served your employer continuously for at least three months before the date of stillbirth.

If you meet all GPML criteria except the continuous service requirement, and your employer agrees to grant maternity leave, the government may reimburse your employer for the government-paid portion of your maternity leave.

This leave cannot be shared with your husband under the SPL scheme if the continuous service requirement is not met.

For self-employed mothers:

You must have been engaged in your trade, business, profession, or vocation continuously for at least three months before the stillbirth and have proof of lost income.

Documentation required includes a notification of stillbirth certified by a medical practitioner or a stillbirth certificate issued by the Immigration and Checkpoints Authority.

If you do not meet these GPML criteria, you may still qualify for benefits under the GPMB scheme. This framework ensures that all mothers, regardless of their employment status or the nature of their child’s birth, receive support during their maternity period.

 

Extended Government-Paid Maternity Leave (GPML) Scheme

The Extended Government-Paid Maternity Leave (GPML) scheme is designed to support eligible working mothers, including those who are self-employed and those who may not qualify under traditional terms due to atypical employment arrangements like short-term contracts.

This scheme is crucial for mothers whose employment contracts may have expired before the birth of their child or who are on other non-standard contracts.

Conditions And Benefits Of The GPML Scheme

To qualify, the child must be a Singapore citizen, and the mother must have been employed for at least three continuous months before the birth.

The scheme allows for 16 weeks of paid maternity leave, which can be initiated up to four weeks prior to delivery and extended 12 weeks post-birth.

The final eight weeks of maternity leave offer flexibility, allowing arrangements to be tailored between the employer and the employee for a mutually acceptable plan.

Application Process

  1. Mothers must notify their employer at least one week before commencing maternity leave and immediately after delivery. Failure to do so may result in receiving only half the payment during the leave period unless justified.
  2. The first eight weeks are paid by the employer, who can then claim reimbursement from the government for the latter half of the leave period.
  3. For the third or subsequent child, employers can claim the full 16 weeks from the government.
  4. Self-employed mothers must demonstrate a loss of income during the maternity leave period to qualify. The government uses net trade income over the 12 months before the birth to calculate the reimbursement.

 

Employment Act (EA) Scheme

The Employment Act (EA) Scheme in Singapore provides essential maternity leave benefits to eligible female employees, irrespective of whether their child is a Singapore citizen.

This scheme is pivotal in ensuring that mothers who do not qualify under the GPML can still receive support during their maternity period.

Basic Entitlements Under The EA

  • If you have been employed for at least three continuous months before the birth of your child, you are entitled to 12 weeks of maternity leave.
  • An exception exists if your child becomes a Singapore citizen within 12 months of their birth, which allows you to take any remaining maternity leave, including that provided under the GPML scheme.
  • Under the EA, the first eight weeks of maternity leave are fully paid by the employer, while the last four weeks may be unpaid, depending on the employment contract’s terms.

Legal Obligations Of Employers

  • Employers are solely responsible for the salary during the maternity leave for the first eight weeks. The government does not provide reimbursement for these payments under the EA scheme.
  • The decision to pay for the final four weeks of the 12-week maternity period rests with the employer. It can vary based on the contractual agreement between the employer and the employee.
  • Notably, self-employed individuals, managers, or executives who earn more than $4.5K a month, seafarers, domestic workers, civil servants, or employees of statutory boards do not qualify for maternity leave under the EA.

Additional Provisions And Rights Under The EA

According to Section 76 of the Employment Act, female employees are entitled to start their maternity leave as early as four weeks before their expected date of confinement, extending up to eight weeks after their delivery.

Alternatively, they can opt for a total maternity period of 12 weeks, starting no earlier than 28 days before confinement and no later than the day of confinement itself.

Additional leave can be arranged in agreement with the employer, provided the total leave taken is not shorter than 24 days, as calculated according to the Fifth Schedule, all within a 12-month period from the day of confinement.

In addition, Section 87A of the Employment Act specifies that employees who have worked for at least three months and have a child under seven years of age are entitled to two days of childcare leave per relevant period. The total childcare leave entitlement for any child cannot exceed 14 days.

This leave is in addition to other leave entitlements such as rest days, holidays, annual leave, and sick leave. Employers are required to pay the employee’s gross rate of pay for each day of childcare leave taken.

However, if an employee’s contract is terminated before taking their entitled childcare leave, they lose the right to this leave and any payment in lieu thereof.

Employers who fail to grant childcare leave or contravene the conditions set forth may face fines up to $10,000 or imprisonment, emphasising the enforcement of these rights to ensure compliance and protect the entitlements of employees.

Note: For mothers who do not meet the criteria for maternity leave under the EA, the Child Development Co-savings Act (CDCA) may provide necessary relief. This act aims to encourage and support married couples in Singapore in having more children and securing financial provisions for their children’s development.

 

Maternity Leave In Special Situations

Maternity leave provisions in Singapore are designed to accommodate various special circumstances, ensuring that all eligible working mothers receive the support they need during critical times.

These provisions cater to multiple births, medical complications, premature births, and other unique or unforeseen circumstances, aligning with the principles of inclusivity and support that define Singapore’s approach to maternity benefits.

Multiple Births And Medical Complications

In the case of multiple births such as twins or triplets, the situation is treated as a single delivery under Singaporean law. This means that mothers will not receive double maternity benefits but are entitled to the standard maternity leave period applicable to a single delivery.

For medical complications, including premature births, the entitlement and duration of maternity leave remain stipulated by the eligibility criteria. Still, the leave may commence earlier if agreed upon with the employer, starting from the child’s birth date.

Adjustments For Unforeseen Circumstances

  • Eligibility Adjustments: If a child does not initially meet all criteria, such as not being a Singapore citizen at the time of birth, parents can still qualify for Government-Paid Maternity Leave (GPML) within 12 months of the child’s birth.
    Once the criteria are met, the remaining maternity leave can be taken, provided it is within the first year of the child’s life.
  • Foreign Workers and Permanent Residents: Regardless of nationality, mothers are entitled to 12 weeks of maternity leave under the Employment Act, provided they have served their employer for at least three months. If the child is a Singapore citizen and other criteria are met, the mother may qualify for 16 weeks of GPML.
  • Single or Unmarried Mothers: Single or unmarried mothers are entitled to up to 16 weeks of maternity leave, assuming they meet standard eligibility requirements.
  • Employees on Probation: Employees still within their probationary period are eligible for maternity leave, provided they have completed the requisite three months of service before the birth of their child.

Special Provisions For Specific Needs

  • Premature Births: For premature births, maternity leave entitlements kick in from the child’s actual birth date or earlier if there is an agreement with the employer.
  • Miscarriages and Abortions: In cases of miscarriage or abortion, mothers are not eligible for maternity leave but can take paid sick leave to recover, as per the medical documentation provided.
  • Sickness During Maternity Leave: If a mother falls sick during her maternity leave, she is not entitled to additional paid sick leave, as the period is already covered under maternity benefits.

Each of these special situations is handled with sensitivity and adherence to legal frameworks, ensuring the rights and welfare of both the mother and child are prioritised.

The system is designed to be flexible, allowing adjustments and accommodations to ensure that every mother’s situation is addressed fairly and compassionately. This reinforces Singapore’s commitment to supporting families during these pivotal times.

 

How To Apply For Maternity Leave in Singapore

Applying for maternity leave in Singapore is a structured process that accommodates different employment types—ranging from employed mothers to self-employed mothers, as well as responsibilities on the part of employers.

Understanding the application procedure and required documentation is essential for ensuring the timely and accurate processing of maternity leave benefits.

For Employees Working Mothers

  1. Notification: Notify your employer at least one week before you intend to start your maternity leave, and inform them immediately upon your confinement.
  2. Documentation: Submit a declaration form (GPML1) to your employer with all necessary supporting documents.
    This must be done at least one week before the commencement of your Government-Paid Maternity Leave (GPML) or within one month from your child’s date of birth if earlier timing isn’t practicable.
  3. Leave Application: Apply for GPML according to your employer’s standard leave application procedures.

Documents To Submit:

  • Completed GPML1 form or your employer’s equivalent declaration form.
  • Supporting documents, including a copy of your child’s birth certificate and proof of your eligibility, such as details of your employment contract and any prior correspondence regarding maternity leave.
  • If applicable, documentation proves your child obtained Singapore citizenship within the required timeframe.

For Self-Employed Working Mothers

Unlike employed mothers, if you are self-employed, you will manage your application process directly through the Government-Paid Leave (GPL) portal without going through an employer.

  1. Record Keeping: Carefully record the dates when you take your GPML to ensure accuracy when submitting your claim.
  2. Claim Submission: File your claim for the government-paid portion of your maternity leave via the Government-Paid Leave (GPL) Portal. This includes the 9th to 16th week of your GPML for your first and second child and the full 16 weeks for your third and subsequent children.
  3. Claim Timing: You do not need to wait until the completion of the government-paid portion of your GPML to submit a claim. Claims can be submitted for any part of the government-paid portion after it has commenced.
  4. Deadline for Submission: Ensure your claim is submitted no later than three months after the last day of your GPML.
  5. Monitoring: Regularly check the status of your application on the GPL Portal, where notifications regarding the processing of your claim will be provided.
  6. Income Verification: The payment for the government-paid portion of the GPML is calculated based on your latest Notice of Assessment from the Inland Revenue Authority of Singapore (IRAS), which verifies the income lost during this period.

For Employers

Employers play a critical role in facilitating GPML for their employees. Here’s a step-by-step guide to ensure compliance and smooth processing:

  1. Documentation Collection: Collect the GPML1 declaration form and necessary supporting documents from your employee to verify their eligibility for GPML. You may also use your customised form or system, ensuring it gathers information similar to the GPML1 form.
  2. Record Retention: Keep the declaration form and any related records for five years from the date of the last GPML for audit purposes.
  3. Reimbursement Claim: Submit your reimbursement claim via the Government-Paid Leave (GPL) Portal after your employee has taken any part of the government-paid portion of GPML.
    This applies to the 9th to 16th week for the first and second child orders and the entire 16 weeks for the third and subsequent child orders.
  4. Claim Timing: Submit claims no later than three months following the last day of the employee’s GPML.
  5. Special Considerations: If you choose to grant GPML to an employee who meets all criteria except one, continue to process the GPML as usual and submit your claim through the GPL portal.
  6. Application Monitoring: Regularly check the application status on the GPL Portal. Notifications regarding the claim’s processing will be sent to both you and your employee.

 

Reimbursement From Government For Maternity Leave In Singapore

The process for claiming reimbursement from the government for maternity leave payments in Singapore is governed by Section 10 of the Child Development Co-Savings Act.

This section outlines the responsibilities of employers and the conditions under which they are entitled to recover funds disbursed during an employee’s maternity leave.

Reimbursement Process And Timelines

Under Section 10 of the Child Development Co-Savings Act, employers who make maternity leave payments to their employees are eligible to claim reimbursement from the government. This applies to payments made under Sections 9(1), 9(1A), or 9(1B) concerning the employee’s confinement.

  1. Initial Payment: Employers must pay female employees during their maternity leave as stipulated. For the first and second child, the government reimburses the employer for payments made after the initial eight weeks of maternity leave.
    For the third and subsequent children, the reimbursement covers the entire maternity leave period.
  2. Claim Submission: Employers must submit their reimbursement claims through the Government-Paid Leave (GPL) Portal. Claims should be submitted no later than three months after the last day of the employee’s Government-Paid Maternity Leave (GPML).
  3. Documentation: Employers need to provide the completed declaration form (GPML1), along with supporting documents that verify the employee’s eligibility. This includes proof of the child’s Singapore citizenship and the employee’s maternity leave dates.
  4. Reimbursement Caps: The amount reimbursed by the government is capped at $10,000 for every four-week period of the employee’s absence, with a total limit of $20,000 for the first two child orders and $40,000 for the third and subsequent child orders.

Eligibility Criteria For Reimbursement

  • Employee Eligibility: The female employee must have been legally employed for at least three months before her maternity leave, and the child must be a Singapore citizen at birth or become one within 12 months following birth.
  • Confinement Period: The employee’s confinement must occur on or after 1 November 2021, and her maternity leave must commence no earlier than 28 days before her confinement.

Common Issues Employers Face

  • Documentation Errors: Inaccuracies in the documentation or failure to submit the required forms within the specified timeframe can lead to delays in reimbursement.
  • Eligibility Misunderstandings: Employers may face challenges if there is confusion over the eligibility criteria, particularly concerning the timing of the child’s acquisition of Singapore citizenship.
  • Compliance with Employment Laws: Ensuring that all claims are compliant with the Employment Act and the Child Development Co-Savings Act is crucial. Non-compliance can lead to rejected claims or legal complications.
  • Managing Employee Expectations: Employers need to communicate the process and timelines to employees to manage expectations regarding the payment and reimbursement of maternity leave.

 

Conclusion About Maternity Leave Entitlement In Singapore

Understanding and effectively managing maternity leave entitlements is crucial for working mothers and their employers in Singapore.

The provisions set out under the Child Development Co-Savings Act offer comprehensive support, ensuring that both first-time and experienced mothers can benefit from government-paid maternity leave, depending on the order of their child’s birth.

It is essential for expecting mothers, whether employed or self-employed, to familiarise themselves with their rights to secure the full benefits of maternity leave.

For more detailed guidance on navigating maternity leave entitlements or any related legal concerns, especially if facing complexities like divorce, child custody, or other family law disputes, do not hesitate to reach out to Tembusu Law.

Our team of dedicated family and divorce lawyers in Singapore is well-equipped to provide legal advice and representation, ensuring you receive fair treatment in all stages of family justice proceedings.

Contact Tembusu Law today for a free consultation to discuss your specific needs and gain clarity on your legal rights and options.

 

Frequently Asked Questions About Maternity Leave Entitlement In Singapore

As An Unmarried Mother With A Singapore Citizen Child, Do I Qualify For Extended Government-Paid Maternity Leave?

Yes, you are eligible for extended Government-Paid Maternity Leave if your child is a Singapore citizen and has an estimated delivery date (EDD) on or after 1 January 2017. As an unmarried mother, you can still access these benefits provided all other eligibility criteria are met.

Are Public Holidays Included In The Maternity Leave Period?

Yes, public holidays are included in the maternity leave period. The total duration of the leave is calculated in calendar days, which means it encompasses any public holidays that fall within the leave period.

Is Maternity Leave Affected If The Child’s Father Is Not Legally Married To The Mother?

No, the child’s father does not need to be legally married to the mother for her to qualify for maternity leave. However, the child’s citizenship status and other criteria must be met for certain benefits, such as Government-Paid Maternity Leave (GPML).

Can I Apply For Maternity Leave If I Haven’t Met The Gpml Eligibility Criteria Before My Delivery Date?

Yes, you can still apply for maternity leave. However, if you don’t meet GPML eligibility criteria before your delivery date, you can only claim the remaining leave entitlement after all criteria are met, provided it is within 12 months of the child’s birth.

Where Should I Submit My Maternity Leave Request In Singapore?

Maternity leave requests should be submitted to your employer, along with the necessary documents, such as your own declaration form and proof of your child’s birth. Self-employed mothers should submit their claims via the Government-Paid Leave (GPL) Portal.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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