Terminating Employment During Maternity Leave in Singapore: What Employers Must Know

Maternity leave is a protected period under Singapore law. Many employers mistakenly believe that paying out full maternity benefits allows them to terminate an employee during this time.Providing notice of termination during maternity leave is a breach of the Employment Act, even if the employee receives her full maternity benefits. The employee is not entitled to additional damages beyond her statutory benefits, but the employer will be liable for an offence under the Employment Act.

Legal Framework for Maternity Leave

In Singapore, maternity leave entitlements arise under two statutes:

• Employment Act: Employees who have worked for at least three continuous

  months before childbirth are entitled to 12 weeks of maternity leave, with eight weeks paid at the employee's gross rate of pay.

• Child Development Co-Savings Act (CDCSA): Where the child is a Singapore

  citizen and the mother has worked for at least three months, eligible

  employees receive 16 weeks of Government-Paid Maternity Leave at their

  gross rate of pay. Employers may claim reimbursement from the government

  for a portion of these payments.

Preservation of Maternity Benefits

If an employee is dismissed without sufficient cause, she remains entitled to her full maternity benefits and may lodge a claim for reinstatement or compensation.

"Sufficient cause" typically refers to serious misconduct established through due inquiry.

This entitlement is preserved even where the dismissal is due to retrenchment,

reorganisation, or redundancy.

What the Law Prohibits

Under Section 81 of the Employment Act (which also applies to mothers covered by the CDCSA), employers are prohibited from:

• Giving notice of termination while the employee is on maternity leave; or

• Giving notice of termination that is timed to expire during the maternity leave

  period.

This prohibition applies regardless of whether the employer pays full maternity

benefits or offers compensation.

Employers found guilty face:

• First offence: A fine of up to S$5,000, imprisonment of up to six months, or both.

• Subsequent offences: A fine of up to S$10,000, imprisonment of up to 12 months, or both.

Conclusion

Maternity leave is a statutory right in Singapore designed to protect the health and wellbeing of working mothers. The law clearly prohibits employers from terminating employment during this period, except where sufficient cause can be demonstrated through due inquiry.

Critically, paying out full maternity benefits does not exempt the employer from liability. While the dismissed employee is entitled to her maternity benefits, she is not entitled to additional damages beyond what the statute provides. The employe's liability is limited to the statutory breach—but that breach carries serious consequences, including potential fines and imprisonment.

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