Parenthood and Workplace Rights in Singapore
Navigating work while starting or expanding a family as a couple is a challenge. In Singapore, while both mothers and fathers alike are entitled to maternity and paternity leave to support their transition into parenthood, the process is not always conflict-free. Disputes may arise when employers deny, delay, or interfere with legally protected leave, or retaliate against employees who assert their rights.
Maternity Leave Rights: What the Law Guarantees
In Singapore, maternity leave protection and benefits are provided for under the Employment Act and the Child Development Co-Savings Act.
Eligible female employees are entitled to either 16 weeks of government-paid maternity leave or 12 weeks under the Employment Act, depending on the child’s citizenship and other criteria.
To qualify for the full 16 weeks:(a) the child must be a Singapore citizen, and (b) the mother must have worked for the employer for at least three continuous months before the birth of the child.
If the child is a Singapore citizen but the second requirement is not satisfied, then the mother is only entitled to 12 weeks of unpaid maternity leave, if she is covered under the Employment Act.
If the child is not a Singapore citizen but the second requirement is satisfied, then the mother is entitled to 12 weeks of maternity leave, of which 8 weeks will be paid. The last 4 weeks would be unpaid maternity leave, subject to the specific terms of the mother’s employment contract.
Paternity Leave and Shared Parental Leave (SPL)
Fathers enjoy parental leave rights too. Eligible working fathers are entitled to four weeks of government-paid paternity leave if: (a) the child is a Singapore citizen, (b) the father is lawfully married to the child’s mother between conception and birth, or within 12 months from your child’s date of birth and (c) the father has served his employer for a continuous period of at least 3 months before the birth of the child.
If the child’s date of birth or estimated delivery date is between 1 April 2025 to 31 March 2026, both dates inclusive, the parents are entitled to 6 weeks of SPL to be shared between them. From 1 April 2026 onwards, working parents can enjoy up to 10 weeks of SPL, to be shared between parents and taken within 12 months from the child’s date of birth (inclusive of date of birth).
Despite these protections, paternity leave often remains underutilized due to cultural stigma or lack of employer support. In some cases, employers deny leave requests or subtly discourage fathers from taking time off. However, such actions can breach the law and may open the employer to claims of discrimination or employment rights violations in Singapore.
Disputes Arising from Maternity and Paternity leave
Common types of disputes surrounding maternity or paternity leave involve denial of entitlement, unpaid benefits, wrongful termination, or retaliation.
The law mandates that employers cannot terminate a pregnant employee without cause, and certainly not because of her pregnancy or maternity leave. It is also an offence for an employer to dismiss an employee while he is on Government-Paid paternity leave.
In some other instances, some employers may argue that employees on probation or contract are not entitled to parental leave, when in fact the law provides coverage based on minimum service period, not employment status.
Some disputes may involve attempts to reduce compensation during leave. Cases like this are more clear cut and the position in law is clear – it is impermissible.
What is more difficult to prove from an employee’s point of view, is retaliation after returning from maternity or paternity leave. This can manifest as exclusion from key projects, unfavorable performance evaluations, reduced bonuses, or being overlooked for promotions. In more severe cases, employees are dismissed shortly after returning to work, or reassigned to less favorable roles after returning to work.
Employers must justify any performance or disciplinary decisions made post-leave. If an employee believes they were targeted because of their parental status or time away from work, they may have grounds to pursue a claim for wrongful dismissal.
Employees facing such challenges should document all communication related to their leave application and consult a lawyer to discuss his or her options. Ensuring that both parents take full advantage of their entitlements under the law strengthens the case for workplace equality and family support.
To address these problems, employees should first attempt to resolve the issue through direct communication with HR or management. Keeping written records of discussions, policies, and official leave requests to documenting the timeline of events, can serve as critical evidence and build a case if the matter escalates. A legal professional can assist with this, and it is recommended to seek legal advice promptly. If internal resolution fails, the next step is to file a formal complaint with MOM or a claim with the Employment Claims Tribunal.
Expecting a child is an exciting time, and workplace conflicts and doubts over your entitlements as an employee should not cloud the experience. Expecting parents who are employees would benefit from learning about their rights under the Employment Act and other relevant laws, and take the opportunity to understand their company’s HR policies and seek clarifications, if necessary.
Legal Remedies and Avenues for Redress
When a dispute cannot be resolved internally, several legal channels are available. For wrongful dismissal or disputes over unpaid leave benefits, employees may lodge a claim through the Employment Claims Tribunals. If the dispute involves discrimination, including actions taken during pregnancy or due to parental status, it may be referred to the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP).
In more complex cases involving contract breaches or large financial loss, civil litigation may be pursued. However, this route is generally more costly and time-consuming, and employees are encouraged to explore mediation and advisory services before escalating.
Employer Obligations and Best Practices
Employers have legal obligations to process leave applications fairly, and avoid discriminatory practices. HR policies should be transparent, accessible, and aligned with current legislation.
Indeed, to minimize the risk of disputes, employers are encouraged to conduct regular training for management on Singapore employment law, especially regarding family-related leave. A fair and supportive workplace culture benefits not only employees but also fosters long-term loyalty, productivity, and brand reputation.
Employers should also maintain accurate records of leave requests, approvals, and communications. These documents may be essential in defending against false claims or clarifying misunderstandings during a dispute.
Whether you are an employee or an employer, understanding your legal position and being aware of your rights helps you take the next steps clearly, confidently and with peace of mind. Please feel free to reach out to our firm if you require assistance in this regard.