Maternity Leave Entitlement in Singapore: A Comprehensive Guide

Navigating maternity leave can be challenging, especially when understanding the specific regulations and benefits available. This comprehensive guide provides a detailed overview of maternity leave in Singapore, addressing common questions and concerns for both employees and the self-employed.

Maternity Leave Entitlement and Benefits

In Singapore, eligible working mothers are entitled to 12-16 weeks of Government-Paid Maternity Leave (GPML) depending on them fulfilling certain criteria.

To qualify for the full 16 weeks of maternity leave, employees must meet the following conditions:

1. The employee must have completed at least 3 continuous months of service in the company before her child's birth.
2. Her child must be a Singapore citizen.
3. The child must be born or have an estimated delivery date (EDD) on or after 1 January 2017.

Notes:

1. If the employee hasn't worked at the company for at least 3 months, she will only be eligible for 12 weeks of unpaid maternity leave.
2. If the child is not a Singapore citizen, the employee will only be eligible for 12 weeks of maternity leave. 
3. If the employee is not lawfully married to the child's father, she will still be eligible for 16 weeks of maternity leave. 

For clarity, you may check MOM’s official website to determine the employee’s eligibility and entitlement for maternity leave.

Payment Structure

The employer will pay the employee during the leave period. Further, employers can claim reimbursement from the government in accordance with the Government-Paid Maternity Leave (GPML) scheme:

Eligibility Criteria

• The child must be a Singapore citizen at birth or obtain citizenship within 12 months.
• Employees must have a continuous employment period of at least three months before the child's birth.
• Self-employed individuals must work continuously in their business for at least 3 months before the child's birth and must experience income loss during the leave period.

Additional Benefits and Protections

• Employment protection: It's unlawful for employers to dismiss employees on maternity leave.
• Childcare leave: 6 days of paid childcare leave per year for children under 7 (3 days employer-paid, 3 days government-reimbursed).
• Shared Parental Leave (SPL): Starting April 1, 2025, up to 10 weeks of additional paid leave (paid by the government up to $2,500 per week) can be shared between parents.

Notice Period

In Singapore, employees must give their employer at least 1 week notice before going on maternity leave to ensure smooth transition and maintain operational needs.

Understanding Government-Paid vs. Company-Paid Maternity Leave

The key difference lies in eligibility, duration, and payment/reimbursement:

Government-Paid Maternity Leave (GPML)

• Eligibility: Child is a Singapore citizen, and the employee has worked for at least 3 months.
• Duration: 16 weeks.
• Payment: Employer pays, then claims reimbursement from the government.

Company-Paid Maternity Leave

• Eligibility: Does not meet GPML criteria (e.g., employee has not worked for at least 3 months).
• Duration: Typically 12 weeks (often unpaid maternity leave).
• Payment: Employer has no obligation to pay; no government reimbursement.

Minimum Employment Period and Employment Protection

To qualify for GPML, employees and self-employed individuals must complete a continuous 3-month employment period before the child's birth. Importantly, employers are legally forbidden from dismissing employees solely for taking maternity leave.

Applying for Maternity Leave: Process and Required Documents

To apply for maternity leave, you must:

For employees:

• Notify your employer at least one week before starting maternity leave.

• Submit the complete form and supporting documents (child's birth certificate, proof of employment, and proof of Singapore citizenship) to the employer.

• Submit the declaration form (GPML1) to your employer with necessary documents at least one week before starting your Government-Paid Maternity Leave (GPML), or within one month from your child’s birth.

• Follow your employer’s leave application process.

For self-employed:

• Keep a record of your GPML dates

• Submit the complete form and supporting documents (child's birth certificate, proof of employment, and proof of Singapore citizenship) to the employer.
• Submit your claim online via the Government-Paid Leave (GPL) Portal after starting the government-paid portion of your GPML
• Submissions should be made no later than 3 months after the last day of your GPML.

For employers:

• Obtain and verify the declaration form (GPML1) from your employee

• Keep the declaration form or records for five years from the last GPML date

• Submit your claim for reimbursement online via the GPL Portal after your employee has taken the government-paid portion of GPML

• Claims should be made within 3 months after the last day of the employee’s GPML

Maternity Leave Entitlement for Foreign Workers

Foreign workers on work permits or employment passes are eligible for maternity leave. Foreigners are entitled to 12 weeks of maternity leave if they are covered by the Employment Act and have served the employer for at least 3 months.

They also qualify for 16 weeks of Government-Paid Maternity Leave if their child is a Singapore citizen and they are lawfully married to the child’s father.

Addressing Specific Scenarios

What happened to a working mother who experienced miscarriage?

Unfortunately, maternity leave isn't applicable for miscarriages. However, employees can use sick or medical leave as the replacement of maternity leave.

Do the maternity leave dates are flexible?

Yes, the employee has the maternity leave either in one block or spread out over 12 months.

If the maternity leave is to be taken in parts based on mutual agreement with the employer,

• the first 8 weeks must be taken in one continuous stretch and
• the last 8 weeks can be taken flexibly over 12 months from the child’s birth.

Can an employee have extended maternity leave?

The standard 16 weeks cannot be extended, but the upcoming SPL scheme provides additional shared parental leave.

Can the employer refuse to grant maternity leave entitlement?

Refusal is a violation of labor laws, please contact the Ministry of Manpower (MOM) immediately if refusal to grant maternity leave happens.

Conclusion

Singapore's maternity leave entitlement policies aim to support working mothers. By understanding the regulations, benefits, and application process, mothers can better navigate this important period in their lives. Remember to always consult official government resources and seek legal advice if needed.

Disclaimer: This article provides general information and should not be considered legal advice. Always refer to the latest official guidelines from the Ministry of Manpower (MOM) for the most up-to-date information.