Guidelines on Employment of Female Employees who are Pregnant or Employees with Young Children

In the area of employment of female employees who are pregnant or employees with young children, the following guidelines should be adhered to:

(A) General Principles

1. There is always a mutually beneficial way for employers to organise departmental work such that workers’ family needs are looked after and business outcomes are achieved.
2. Employers should hire, promote and retain employees based on merit and contribution, and not discriminate based on their family responsibilities. This includes responsibilities in the care for or support of a dependent child or any other immediate family members.
3. Employers should accord equitable treatment in the provision of employment policies and staff welfare benefits. Employees should not be treated less favourably because of pregnancy or for a reason connected to pregnancy, childbirth or maternity leave. This includes training benefits, job opportunities, hours of work and pay.
4. Employment practices and benefits should be equitably applied to all categories of workers. This includes staff who are not covered by the Employment Act, as well as employees on non-traditional work arrangements such as those on flexi-work arrangements (including part-time) and contracts.

(B) Specific Guidelines on Maternity Protection

This set of guidelines serves to supplement the legislative maternity leave provisions under the Employment Act and the Children Development Co-Savings Act

• Legislative Provisions

  i) Flexibility Option on Consumption of Maternity Leave

With the legislative amendments effected in October 2004, the Employment Act and the Children Development Co-Savings Act provide for 12 weeks of maternity leave. Subject to mutual agreement between employer and employee, the extended 4 weeks of postnatal leave may be taken flexibly within 6 months of the birth.

The flexibility option enables employers and employees to work out mutually beneficial arrangements which meet the needs of both parties, minimising the impact on business’ outcomes and employees’ ability to keep up with developments in the workplace during their absence. Parties are therefore encouraged to optimize the flexibility option by working in close consultation on how the maternity leave is to be utilized. Employees should give their employer sufficient notice before their confinement. Options such as taking the leave in blocks or as part-time work could be explored.

For instance, the employee could after 8 weeks’ of maternity leave,

1. return to work on a half-day scheme;
2. be on a shortened workweek of 3 days
   until the 24 days flexed leave is exhausted.

Those with implementation difficulties may seek assistance from the Singapore Business Federation/Singapore National Employers Federation, the National Trades Union Congress and the Ministry of Manpower.

ii) Responsible Human Resource Practices

The principles of non-victimisation and non-discrimination should be upheld in the administration of maternity leave. Employers should exercise due responsibility and professionalism. Employers should not dismiss the employee to release themselves from the obligation. Mutual trust and respect must be established between employers and employees. This will facilitate the formulation of win-win solutions to the benefit of both parties.

• Code of Responsible Employment Conduct

i) Pre-Leave Period

For the employers:

1. Hiring should not be preconditioned on marital, pregnancy status, number of children but on aptitude, merit and experience.
2. Pregnancy-related discrimination at work is abhorred. Female employees should not be sidelined on non-work reasons related to her pregnancy.
3. Irresponsible employment practices such as disguised termination, dismissal or non-renewal of employment contracts on non-work related grounds which deny female employees their maternity protection rights are not condoned.
4. Employees should be allowed paid time off for medical examinations where it does not result in work performance being compromised.
5. Where a female employee is deemed medically unfit to perform her job duties for reasons connected to her pregnancy and should there not be any suitable alternative work, employers could consider granting leave to the employee.

For the employees:

1. Employees should give as early a notice as possible on the expected due date as well as submit early application on the structure of the maternity leave, especially if they intend to use the flexibility option under the Employment Act.
2. In applying for flexibility in utilizing the additional maternity leave, alternative work arrangements should result in no or minimal disruptions to business effectiveness.

   ii) During Maternity Leave

Employers should consider granting married female employees who do not satisfy the qualifying conditions for statutory maternity leave, vacation leave (including deferred leave) and/or no-pay leave. This will allow the employee time to recover from childbirth.

In reciprocity, the no-pay leave can attract a minimum service period, during which the employee could be expected to stay in service for a period equal to the total no-pay leave period.

iii) On Return to Work

Maternity leave should not be used as a reason for assigning female employees different duties after they resume work unless this has been mutually agreed upon or where for valid reasons it is not possible for them to continue with their previous duties. This will help ease the employee back into her work duties. Where necessary, employers could facilitate their return to work through flexible work arrangements which could include working from home or on a part-time basis. This will help workers cope and better manage their family and work responsibilities so that it does not lead to work standards being compromised.

The maternity leave period should not affect how an employee is assessed for her performance-related bonuses and annual/merit increment for that year, or her career development track.

(C) Specific Guidelines on Childcare Leave

With the legislative changes effected in October 2004, the Employment Act provide for 2 days of childcare leave per employee per year up to the child’s 7th birthday, regardless of the number of children. The definition of entitlement year could be mutually defined by the employer and employees. Factors for consideration could include the nature of the business, company policy and in the case of unionized companies, how other leaves are provided for under the Collective Agreements. The entitlement year could be defined based on

1. Anniversary year: An employee will be entitled to 2 days paid childcare leave per anniversary year determined from the child birth date up to the 7th birthday; or
2. Calendar year with pro-ration: Child’s date of birth but the leave to be administered based on calendar year. This means that the leave would be pro-rated for the year of birth and the year in which the child turns 7. However, since it is impractical to pro-rate 2 days leave entitlement, it is suggested that the employee enjoy the full 2 days of childcare leave if the child is born in the first half of the year before or on 30th June and 1 day leave if the child is born in the second half of the year; or
3. Calendar year: Calendar year irrespective of the date of birth of the child up to the calendar year in which the child reaches his or her 7th birthday (capped at 14 days).

The default position should be option (iii) unless a variation is mutually agreed between employer and employees.

Employees should provide early notice of the application of childcare leave that will not result in disruption to the business.

(D) Persons not Covered by the Employment Act and Children Development Co-Savings Act

The above Guidelines on maternity leave and childcare leave should be applicable also to employees not covered under the Employment Act or the Children Development Co-Savings Act.

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