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Singapore - Maternity protection - 2011


LAST UPDATE

13 November 2011

SOURCES


Name of Act

Employment Act, No. 17 to consolidate and amend the law relating to employment, dated 6 August 1968 as amended up to Act 36 of 2010.

Name of Act

The Employment (Female Workmen) Regulations 1988, Statutory Instrument No. 101, dated 26 April 1988, Government Gazette, Subsidiary Legislation Supplement, No. 17, 29 April 1988, p. 196

Name of Act

Employment (Part-Time Employees) Regulations 1996, Employment (Part-Time Employees) Regulations 1996, Statutory Instrument No. 421, dated 6 September 1996, Government Gazette, Subsidiary Legislation Supplement, No. 48, 20 September 1996, pp. 2849-2857

Name of Act

Children Development Co-Savings Act 2001, Act No. 13, dated 26 March 2001, as amended up to Act of 13 of 2011.

Name of Act

Adoption of Children Act, Cap. 4, Ordinance 18 of 1939, updated up to 1985

Name of Act

Workplace Safety and Health Act 7 of 2006 as amended up to Act 18 of 2011.

Name of Act

Women’s charter of 1961 as amended up to Act 2 of 2011

Other source used

Official website Government of Singapore

Other source used

Attorney’s General Chamber Official website

Other source used

Other source used

Central Provident Fund Board(Consolidated version up to 1988 available in official web-sites)
Medical services and retirement payments.

MATERNITY LEAVE


Scope

All female employees, and some categories of public servants who have been declared employees. Domestic servants and managers as well as seamen are not covered.

The Child Development Co-Savings Act includes also self-employed mothers as entitled to maternity paid leave.
Employment Act § 2
Children Development Co-Savings Act
Ministry of Manpower
Maternity protection and health benefits

Qualifying conditions

A working mother will be eligible for 16 weeks of paid maternity leave if she meets all the criteria stated in the CDCA, as follows:

a) she gave birth on or after 31 October 2008
b) her child is a Singapore citizen*;
c) she is lawfully married to the child’s father*;
d) she has served the company for at least 90 days immediately preceding her delivery date.

For a self-employed mother who has been engaged in a trade, business, profession or vocation for at least 90 days immediately preceding her delivery date, she may choose to go on 16 weeks of maternity leave if she meets criteria (a) to (c).

*Note :
A mother whose child is not a Singapore citizen and/or who is not lawfully married to the child¿s father at the point of birth, but subsequently meets all the criteria within 12 months of the child¿s birth, will be eligible for the remaining Government-Paid Maternity Leave benefits from the point when all the criteria are met. Leave taken prior to the date of meeting all the criteria will be unpaid except for the first 8 weeks of maternity leave of the first 2 confinements for working mothers covered under the Employment Act.

A female worker who is pregnant shall give written notice of that fact to her employer. The notice shall be accompanied by a certificate from a medical officer or a registered medical practitioner certifying that the female workman is pregnant. The female employee shall at least one week before absenting herself from work give notice to ther employer specifying the date on which she intends to commence absenting herself from work.
Employment Act § 80
Ministry of Manpower
Maternity protection and health benefits

Duration


Compulsory leave

Four weeks after confinement.
Employment Act §§ 76, 82

General total duration

Entitlement under Child Development Co-Savings Act

An eligible employee is entitled to absent herself from work four weeks immediately before and 12 weeks immediately after delivery, totalling 16 weeks.

Where there is a mutual agreement with her employer, an employee can take the last eight weeks (9th to 16th week) of maternity leave flexibly over a 12-month period from the child’s birth. The number of days of maternity leave that can be taken flexibly is equivalent to eight weeks’ worth of working days, up to a maximum of 48 days.

Eligibility under the Employment Act

An employee who is covered under the Employment Act, but not under the Child Development Co-Savings Act, will be entitled to 12 weeks of maternity leave. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. The last four weeks of maternity leave can be taken flexibly over a 12-month period from the child’s birth.
Employment Act §76
Children Development Co-Savings Act §9
Ministry of Manpower
Maternity protection and health benefits
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Historical data (year indicates year of data collection)
  • 2004: Eight weeks
  • 1998: Eight weeks
  • 1994: Eight weeks

Leave in case of illness or complications

There is not provided any extension of maternity leave neither for multiple births nor in case of illness due to confinement.
Employment Act §76

RELATED TYPES OF LEAVE


Parental leave

There is not provided a parental leave to look after the child/children. There are unpaid and paid parental leave to take care of sick child/children. Considering that these leaves are very reduced in time, they are not considered as parental leave to look after child or children.

Please take a look at it in the field of arrangement of working time field.
Employment Act § 87a
Children Development Co-Savings Act §§ 12b, 12d

Paternity leave

Not provided.
Employment Act

Adoption leave

Every female employee who adopts a child in accordance with any written law relating to the adoption of children is granted leave by her employer for one or more periods not exceeding 24 days in the aggregate.
Children Development Co-Savings Act § 12a
Adoption of Children Act §§ 3, 4

RIGHT TO PART-TIME WORK

There is not express right to part-time work. Nevertheless, the female worker is allowed certain extent of flexibility in the way she takes her leave.
Employment Act §76
Ministry of Manpower
Maternity protection and health benefits

General provisions

Where there is a mutual agreement with her employer, an employee can take the last eight weeks (9th to 16th week) of maternity leave flexibly over a 12-month period from the child¿s birth. The number of days of maternity leave that can be taken flexibly is equivalent to eight weeks’ worth of working days, up to a maximum of 48 days.

An employee who is covered under the Employment Act, but not under the Child Development Co-Savings Act, will be entitled to 12 weeks of maternity leave. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. The last four weeks of maternity leave can be taken flexibly over a 12-month period from the child’s birth.
Employment Act §76
Children Development Co-Savings Act §9,12
Ministry of Manpower
Maternity protection and health benefits

CASH BENEFITS


Maternity leave benefits


Scope

Female employees covered by the Employment Act are entitled to maternity leave paid by the employer for a maximum of two children.

The Children Development Co-Savings Act entitles all married working women to be paid maternity leave for the third child and above and even Self-employed.
Employment Act §§ 2, 76
Children Development Co-Savings Act §§ 3, 4

Qualifying conditions

Eligibility under the Child Development Co-Savings Act

The Child Development Co-Savings Act covers parents of Singapore Citizen children, including managerial, executive and confidential staff.

Under the Child Development Co-Savings Act, an employee is entitled to maternity leave benefits if:

The child is a Singapore Citizen;
The child’s parents are lawfully married; and
The employee has served her employer for at least 90 days before the child’s birth.

OR

The mother is self-employed and has been engaged in a particular business / trade / profession for a continuous duration of at least 90 calendar days before the birth of her child; and have lost income as a result of not engaging in her trade, business, profession or vocation during the maternity leave period.

If the employee does not meet criterion (i) and/or (ii) at the time of confinement, but meets them within 12 months of the child’s birth, she will be eligible for the remaining maternity leave from the date she meets all the criteria. The remaining maternity leave entitlement must be taken before the child turns 12 months old. She will not be eligible for the maternity leave that has lapsed.

Entitlement under Child Development Co-Savings Act

An eligible employee is entitled to absent herself from work four weeks immediately before and 12 weeks immediately after delivery, totalling 16 weeks.

Where there is a mutual agreement with her employer, an employee can take the last eight weeks (9th to 16th week) of maternity leave flexibly over a 12-month period from the child’s birth. The number of days of maternity leave that can be taken flexibly is equivalent to eight weeks’ worth of working days, up to a maximum of 48 days.

Eligibility under the Employment Act

An employee who is covered under the Employment Act, but not under the Child Development Co-Savings Act, will be entitled to 12 weeks of maternity leave. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. The last four weeks of maternity leave can be taken flexibly over a 12-month period from the child¿s birth.

Coverage under Different Scenarios

Single (unmarried) employees

A single (unmarried) employee is entitled to 12 weeks of maternity leave if she is covered under the Employment Act. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. Beyond the first eight weeks, maternity payment from the employer is voluntary and the employer is not entitled to claim any reimbursement from the government.

If the employee’s child is not a Singapore citizen

If the child is not a Singapore citizen, the employee is entitled to 12 weeks of maternity leave if she is covered under the Employment Act. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. Beyond the first eight weeks, maternity payment from the employer is voluntary and the employer is not entitled to claim any reimbursement from the government.

Maternity leave for a foreigner or PR working in Singapore

The employee is entitled to 12 weeks of maternity leave if she is covered under the Employment Act, regardless of her nationality. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. Beyond the first eight weeks, maternity payment from the employer is voluntary and the employer is not entitled to claim any reimbursement from the government.

The employee is entitled to maternity leave benefits under the Child Development Co-Savings Act, even if she is a foreigner or PR, if:

The child is a Singapore citizen
The child’s parents are lawfully married
The employee has served her employer for at least 90 days before the child’s birth

OR

The mother is self-employed and have been engaged in a particular business / trade / profession for a continuous duration of at least 90 calendar days before the birth of her child; and have lost income as a result of not engaging in her trade, business, profession or vocation during the maternity leave period.

If the employee/mother does not meet criterion (1) and/or (2) at the time of confinement, but meets them within 12 months of the child’s birth, she will be eligible for the remaining maternity leave from the date she meets all the criteria. The remaining maternity leave entitlement must be taken before the child turns 12 months old. She will not be eligible for the maternity leave that has lapsed.

The Child Development Co-Savings Act covers parents of Singapore Citizens, including managerial, executive and confidential staff.

Employees on fixed term contract, temporary and part-time employment

An employee on fixed term contract, temporary or part-time employment is entitled to 16 weeks of maternity leave if she meets the eligibility conditions under the Child Development Co-Savings Act, or 12 weeks of maternity leave if she satisfies the eligibility conditions under the Employment Act. If she is eligible for paid maternity leave, she will be paid at the gross rate for each day that she would normally have been required to work under her contract of service.

Employees on probation

As long as the employee has served her employer for at least 90 days before the birth of the child, and meets the other eligibility criteria for maternity leave under the Employment Act or the Child Development Co-Savings Act, she is eligible for paid maternity leave.
Employment Act §§ 76, 79, 80
Children Development Co-Savings Act 9,9a,
Official website Government of Singapore

Duration

Entitlement under Child Development Co-Savings Act

An eligible employee is entitled to absent herself from work four weeks immediately before and 12 weeks immediately after delivery, totalling 16 weeks.

Where there is a mutual agreement with her employer, an employee can take the last eight weeks (9th to 16th week) of maternity leave flexibly over a 12-month period from the child’s birth. The number of days of maternity leave that can be taken flexibly is equivalent to eight weeks’ worth of working days, up to a maximum of 48 days.

Eligibility under the Employment Act

An employee who is covered under the Employment Act, but not under the Child Development Co-Savings Act, will be entitled to 12 weeks of maternity leave. She will be paid by her employer for the first eight weeks of maternity leave if she has fewer than two living children (excluding the newborn), and she has served her employer for at least 90 days before the birth of the child. The last four weeks of maternity leave can be taken flexibly over a 12-month period from the child¿s birth.
Employment Act §76
Children Development Co-Savings Act §9
Ministry of Manpower
Maternity protection and health benefits

Amount

Under the Employment Act, an employer is required to continue paying an employee her usual salary at the monthly gross rate of pay for the first eight weeks of maternity leave if:
a. The employee has been employed for at least 90 days before tha date of delivery
b. The employee has less than two children of her own at that time of delivery. In case of multiple births(twins,triplets,etc.) during the first pregnancy, the employer is still required to pay eight weeks of maternity leave for the next pregnancy.
c. The employee has given her employer at least one week’s notice before going on maternity leave, and informed her employer as soon as practicable of her delivery. Otherwise, the employee is only entitled to half the payment during the maternity leave, unless a justified reason has prevented her from doing this notification.

If the employee qualifies for Government-paid Maternity Leave under the Child Development Co-Savings Act, she will be paid by the employer during the entire 16 weeks of maternity leave, regardless of the birth order of the child. The employer may later claim reimbursement from the Government for the last eight weeks for the first and second confinements and all 16 weeks for the third and subsequent confinements.
Employment Act § 76, 80
Children Development Co-Savings Act § 9
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of the ordinary gross rate of pay for sixteen weeks. If the female worker fails to give notice or inform her employer as required she is entitled to only half of the pay, unless she has been prevented from doing so by any sufficient cause.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer pays the maternity benefits for the first eight weeks and the government pays for the second eight weeks for the first two confinements. In respect of the third or subsequent confinement the amount paid to the employee for the whole period of her absence is paid completely by the government. The amount of the reimbursement for the first two confinements shall not exceed 10,000 dollars for every 4 weeks. For the third and subsequent confinements it shall not exceed 40,000 dollars in total.
Employment Act § 76
Children Development Co-Savings Act §§ 9, 10
Historical data (year indicates year of data collection)
  • 2009: The employer pays the maternity benefits for the first eight weeks and the government pays for the second eight weeks for the first two confinements. In respect of the third or subsequent confinement the amount paid to the employee for the whole period of her absence is paid completely by the government. The amount of the reimbursement for the first two confinements shall not exceed 10,000 dollars for every 4 weeks. For the third and subsequent confinements it shall not exceed 40,000 dollars in total.
  • 2004: Employer for first two children, government for third
  • 1998: Employer
  • 1994: Employer

Alternative provisions

Every female part-time employee shall be entitled to the benefit period provided by Part IX of the Employment Act. During such benefit period, she shall be paid for each day that she would ordinarily have been required to work under her contract of service with her employer at her gross rate of pay; and for each paid holiday the sum referred to in Regulation 6(1), unless she has relinquished her entitled to paid holidays. Any reference to a payment under Part IX of the Act or a rate prescribed under Sections 76, 79 and 83-87 of the Act shall, in the case of a part-time employee, refer to the above-mentioned payment or rate to which she is entitled.
Part Time Employees Regulations § 9

Parental leave benefits

As it was mentioned in the field of Parental leave, there are not cash benefits provided for such a parental leave to look after the child/children.
There legal provisions regarding paid and unpaid leave to take care of a sick child or children. Please take a look to further details in the field of arrangement of working time in Health Protection.
Employment Act § 87a
Children Development Co-Savings Act § 12b

Paternity leave benefits

Not provided.
Employment Act

Adoption leave benefits

The Government-Paid Adoption Leave scheme, which was introduced in August 2004, provides 4 weeks of leave for an adoptive mother who is employed (employee or self-employed) to care for her adopted newborn child aged 6 months and below if her employer is willing to grant her the leave. The Government will reimburse employers up to 4 weeks of salary, capped at $10,000 (including CPF contributions). The adoptive mother must have fewer than 4 other children to be eligible for Government-Paid Adoption Leave (GPAL).
Ministry of Manpower
Maternity protection and health benefits

Scope

Scope of the Child Development Co-Savings Act
Any person who has entered into or works under a contract of service with an employer in Singapore, and Self-employed (resident).
Children Development Co-Savings Act §2

Qualifying conditions

Enhanced scheme

From 31 October 2008, the child order restriction will be lifted. An adoptive mother will be eligible for 4 weeks of GPAL if she meets all the criteria and her employer is willing to grant her the leave regardless of the number of children she has.

From 1 Apr 2010, an eligible adoptive mother who is employed can start consuming the Adoption Leave upon filing her adoption petition to the Court for a Singapore Citizen child, or at the issuance of the In-Principle-Approval (IPA) for the application of a Dependant’s Pass for a foreign child, Please click here for more information.

The Official website of the Government of Singapore, mentions that with effect from 1 Apr 2010, an adoptive mother must satisfy all the following criteria to be eligible for the reimbursement of Government Paid Adoption Leave:
(a)Her adopted child is a Singapore citizen or becomes one within 6 months of the adoption order being granted;
(b)Her child is below 12 months of age and the adoptive mother is lawfully married, widowed or divorced at the point of :
(c)Her leave is consumed during the period commencing on the day the mother petitions to the Court to commence the legal adoption process
(for a child who is a Singapore citizen at the point of birth) or the issuance of the IPA for the application of the DP in respect of the child (for a child who is not a Singapore citizen at the point of birth), as the case may be, and ending on the day the child turns 12 months old.

In addition, 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.
Children Development Co-Savings Act §12 a,12b
Ministry of Manpower
Maternity protection and health benefits

Duration

According to the Children Development Co Savings Act not more than 24 days. However, the official website of the Government of Singapore talks about the adoption leave for a period of 4 weeks in effect since April 2010.
Although, there is a version of the Children Co Savings Act in the official website of the General’s attorney website from February 2011, it was impossible to find the legal provision that provides 4 weeks adoption leave.
Children Development Co-Savings Act § 12a
Official website Government of Singapore
Ministry of Manpower
Maternity protection and health benefits

Amount

100 % of gross rate of pay.
Children Development Co-Savings Act § 12a

Financing of benefits

The employer but he can get a reimbursement of the Government.
Children Development Co-Savings Act § 12a

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Medisave is the national savings scheme which helps individuals put aside part of their income in their Medisave Accounts to meet their personal or their dependants’ healthcare expenses, especially during retirement. Dependants refer to spouse, children, parents and grandparents. Grandparents must be Singaporeans or Singapore Permanent Residents.

Medisave can be used to pay the delivery and pre-delivery medical expenses incurred for the delivery of the first four living children of the mother.

Medisave can also be used to pay the delivery and pre-delivery expenses incurred for the delivery of the fifth and subsequent child of the mother, if both parents have a combined Medisave balance of at least $15,000 in their Medisave accounts at the time of delivery.

The patient can use her own, spouse and/or immediate family members¿ Medisave to pay the delivery and pre-delivery expenses. Immediate family members include patient¿s parents and children.

The pre-delivery expenses have to be claimed under the Medisave Maternity Package. However, post-natal consultation fees cannot be claimed under Medisave.

The Medisave Maternity Package is a package that allows Medisave to be used to pay expenses incurred during delivery and pre-delivery medical expenses such as consultations, ultrasounds, tests, medications etc.

Under the Medisave Maternity Package, you can withdraw Medisave for pre-delivery medical expenses as well as delivery expenses and daily hospital charges. Each Medisave Maternity Package has a different Medisave Withdrawal Limit, which depends on the delivery procedure (e.g. caesarean or vaginal delivery), to pay the pre-delivery medical expenses as well as the delivery expenses.

Central Provident Fund Board(Consolidated version up to 1988 available in official web-sites)
Medical services and retirement payments. http://ask-us.cpf.gov.sg/explorefaq.asp?category=23068

Financing of benefits

Contributions paid by employers, employees and self-employed which are compulsory affiliated.

Employees have to contribute 7% - 9% of their monthly wages to their Medisave account depending on their age group as shown below:

Age CONTRIBUTION RATE (% of wage)
35 and below 7%
Above 35 to 45 8%
Above 45 to 60 9%
Above 60 9.5%
Contributions to the Medisave Account will be subjected to a Medisave Contribution Ceiling (MCC), which is the maximum balance a member may have in his Medisave Account. The current MCC is set at $41,000 (wef 1 Jul 2011).

Any Medisave contribution in excess of the prevailing MCC will be transferred to the Special Account for members below 55 years. For members aged 55 years and above, Medisave Account overflows will be transferred to their Retirement Account (RA) to top-up any Minimum Sum shortfall. Once the Required Amount has been topped up to cover any Minimum Sum shortfall, Medisave Account overflows would go into their Ordinary Account.

When a member withdraw his Medisave at or after age 55, he needs to set aside at least the Minimum Medisave Sum (MMS) in his account, which is $36,000 (wef 1 Jul 2011).

Medisave for the Self-Employed

Self-employed persons who earn more than $6,000 a year in net trade income are required to contribute to Medisave. Contributions to Medisave are based on the previous year’s net trade income.

The amount of Medisave self-employed persons are calculated based on net trade income and the person’s age. Details of Medisave contribution for the self-employed can be found on the CPF Board’s website.
Central Provident Fund Board(Consolidated version up to 1988 available in official web-sites)
Medical services and retirement payments.

HEALTH PROTECTION


Arrangement of working time


Night work

For female workmen night work between 23:00 and 6:00 is prohibited unless the pregnant employee has given her consent in writing and is not certified as unfit by a medical practitioner.
Female Workmen Regulation §§ 2, 3, 4

Overtime

Except as hereinafter provided, an employee shall not not be required under his/her contract of service to work
more than 6 consecutive hours without a period of leisure
more than 8 hours in one day or more than 44 hours in one week.
Exceptions provided for works than must be carried on continuously for 8 consecutive hours that nevertheless, shall include a break to eat.

An employee shall not be permitted to work overtime for more than 72 hours a month.

Child and young persons shall receive written permission of the Commissioner to work on a rest day.
Employment Act §38

Work on rest days

No employee shall be compelled to work on a rest day unless he or she are engaged in work which by reason of its nature requires to be carried on continuously by a succession of shifts.
Employment Act §37

Time off for medical examinations

Not provided.
Employment Act

Leave in case of sickness of the child

Any employee covered by the Employment Act has right to a paid child care leave if the employee has served an employer for a period of not less than 3 months and he/she has a child below the age of 7 years at any time during any relevant period, shall be entitled to childcare leave of 2 days for that relevant period.

An employee shall not be entitled to more than 14 days of childcare leave in respect of any child and shall take his first entitlement of childcare leave of 2 days for a relevant period in that relevant period or the next succeeding relevant period, and thereafter, take his/her next and each subsequent entitlement of childcare leave of 2 days for a relevant period in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively.

The norm has been drafted exactly as it has been written. There are not further details about what to be considered as relevant period.

Part III of the Child Development Co-Savings Act provide unpaid infant care leave entitlements for employees.

An employee is entitled to six days of unpaid infant care leave per year if he/she is covered under the Child Development Co-Savings Act. The Child Development Co-Savings Act covers all parents of Singapore citizens, including managerial, executive or confidential staff if all four of the following conditions are met:

The child (including legally adopted children or stepchildren) is below two years of age;
The child is a Singapore citizen;
The child’s parents are lawfully married (including divorced or widowed parents); and
The employee has worked for the employer for at least three calendar months.
Regardless of the number of children, the total unpaid infant care leave entitlement for each parent is capped at six days per year. For divorced or widowed parents, the leave entitlement will not be doubled.

Parents of Singapore citizens below the age of two can take both types of leave (six days of paid childcare leave and six days of unpaid infant care leave) until the child turns two.

Unpaid infant care leave for part-time, temporary and contract employees

Fixed-term contract/temporary/part-time employees are entitled to unpaid infant care leave, provided an employee has served the employer for a period of not less than three months.

If an employee has worked less than a year

The leave year for infant care leave will be any 12-month period as agreed by both employer and employee. If there is no agreement, the leave year will be the calendar year by default.

For part-time employees, the infant care leave entitlement should be adjusted for the number of working hours, such that their entitlement is equivalent to that of full-time employees.
Employment Act §87a
Children Development Co-Savings Act §12d

Other work arrangements

BREASTFEEDING

There were not identified legal provisions neither on breastfeeding breaks nor on breastfeeding facilities.
Employment Act
Female Workmen Regulation

Dangerous or unhealthy work

There are not specific provisions for pregnant workers.
Employment Act
Workplace Safety and Health Act 7 of 2006 as amended up to Act 18 of 2011.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

A contract of service stipulating that a female employee relinquishes her right to maternity benefits under the Employment Act is null and void, in so far as it purports to deprive her of that right or to remove or reduce the liability of any employer to make a payment.
Employment Act § 86

Prohibition of pregnancy testing

Not prohibited.
Employment Act
Female Workmen Regulation

Protection from discriminatory dismissal

Without prejudice to sections 84 and 84A, when a female employee absents herself from work in accordance with the provisions of this Part it shall not be lawful for her employer to give her notice of dismissal during her absence or on such a day that the notice will expire during her absence.

No notice of dismissal may be given to a female employee without sufficient cause if she gave birth on or after 31 October 2008 within a period of 6 months preceding the estimated date for her confinemment.
Employment Act §81, § 84

Burden of proof

Not provided.
Employment Act
Female Workmen Regulation

Guaranteed right to return to work

The right to return to work and to perform the same work performed before taken maternity or adoption leave is not expressly provided for female workers.
Employment Act
Female Workmen Regulation

Results generated on: 26th November 2014 at 07:24:31.
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