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maternity leave eligibility for "executive"

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mommatobe
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maternity leave eligibility for "executive"

Postby mommatobe » Tue, 31 Dec 2013 2:50 am

hi, i hope some of the experts on this forum can help with my query. I am a PR with a designation as "executive" but doing mostly clerical work. My salary is more than $2000 but less than $2500.

As per the amendment to the the Employment Act to be effective from 1st April 2014, the salary cap for non workmen eligibility for the employment act is being raised to $2500. I will be about 6 months along in my pregnancy and 2 months shy of completing 1 year in my job by then.

My question is whether I would be eligible for the standard maternity leave benefits under the employment act (12 weeks leave with 8 weeks paid)
My company is a local SME and my contract makes no mention of maternity leave. My position is a permanent position, so I don't have to worry about renewing the contract.

I haven't yet revealed my pregnancy to my boss, however i would like to get an informed opinion of my rights (if i have any :( ) before I broach the subject of maternity leave.

I read the employment act and it excludes executives whom it describes as " .......employees with executive or supervisory functions. These functions include the authority to influence or make decision on issues such as recruitment, discipline, termination of employment, assessment of performance and reward, or involvement in the formulation of strategies and policies of the enterprise, or the management and running of the business............."

This still doesn't make it clear. While the first part is clear and I don't have any such authority or decision making power, the second part is not that clear cut. As part of my role, I do give suggetions on the some of the day to day processes being followed. Its upto my boss whether he decides to implement them or not. So I'm not sure if that makes me "involved in the formulation..."

I hope the forummers here can help give some feedback. Another worry is that my boss may ask me to resign before April 1st before the ammedned rule comes into play. I wo't be able to keep my pregnancy secret till then anyway :(

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Postby Grumpy77 » Tue, 31 Dec 2013 10:26 am

Do you have an employment agreement that was signed when you joined the company? What does it say in regard to leave entitlements?

therat
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Postby therat » Tue, 31 Dec 2013 10:42 am

Since you mention you are PR, I assume your child will not be Singaporean.

http://www.mom.gov.sg/employment-practi ... gibilityEA

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 3 months 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 3 months before the birth of the child.

OR

The mother is self-employed and have been engaged in a particular business / trade / profession for a continuous duration of at least 3 months before the birth of the 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.

mommatobe
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Postby mommatobe » Tue, 31 Dec 2013 11:09 am

Grumpy77 wrote:Do you have an employment agreement that was signed when you joined the company? What does it say in regard to leave entitlements?

No mention in the employment agreement, that's why I'm not sure of my rights. :(

mommatobe
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Postby mommatobe » Tue, 31 Dec 2013 11:11 am

therat wrote:Since you mention you are PR, I assume your child will not be Singaporean.

http://www.mom.gov.sg/employment-practi ... gibilityEA

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 3 months 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 3 months before the birth of the child.

OR

The mother is self-employed and have been engaged in a particular business / trade / profession for a continuous duration of at least 3 months before the birth of the 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.


Hi therat, that's right. My child will not be Singaporean. I had gone through those MOM pages but I'm not sure if i'm covered under the employment act or not because of the description of an "executive" as per the EA.

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Postby sundaymorningstaple » Tue, 31 Dec 2013 11:39 am

You sound like you are just in a clerical position neither administrative or executive. You contract probably states Executive because locals are title happy. Generally speaking, the title rarely is a good description of the position. From what you are saying, I would say you will be entitled to maternity benefits under the EA. The employer may try to dispute it, but I think MOM would uphold it if push comes to shove.

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Postby JR8 » Tue, 31 Dec 2013 1:59 pm

sundaymorningstaple wrote:You sound like you are just in a clerical position neither administrative or executive. You contract probably states Executive because locals are title happy. Generally speaking, the title rarely is a good description of the position. From what you are saying, I would say you will be entitled to maternity benefits under the EA. The employer may try to dispute it, but I think MOM would uphold it if push comes to shove.


IME American companies are pretty title-happy too. I was latterly a '''Vice President''' (no less, apparently, lol!) of a major Wall street bank ... er, along with about 5,000 other colleagues IIRC. However that 'wow-factor' title was in reality even below Associate Director, which is what all the kids working 80+hr weeks over in the Investment Banking Division aspired to.

I don't think these titles: Associate, AVP, VP, AD, D, MD, SVP etc existed in the UK before Wall Street arrived in Europe. Well, Director and MD did of course, but I think those titles carry legal obligations and connotations above and beyond being collectible badges of status.

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Postby sundaymorningstaple » Tue, 31 Dec 2013 3:25 pm

I always thought the title of Director carried legal obligations as well, but apparently in the Banking/Financial they are the worst abusers world-wide with arbitrary titles. Just give me the money! You can call me chief sh*t-stirrer if you want, I could care less. Just show me the money!

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Postby JR8 » Tue, 31 Dec 2013 4:00 pm

sundaymorningstaple wrote:I always thought the title of Director carried legal obligations as well, but apparently in the Banking/Financial they are the worst abusers world-wide with arbitrary titles. Just give me the money! You can call me chief sh*t-stirrer if you want, I could care less. Just show me the money!


Yes directorship does carry legal obligations (at least under UK law). But if you're in a company with maybe 2,000 directors+, then don't expect to be personally liable for what is stated in the accounts. 99% won't even get to see them before publication. A strange situation in a way.

Yes I agree banking/finance ARE title-abusers. It's comedic, hyper-aggressive, and/or shallow depending on how you view it. You're dealing with (generally) very career-aggressive, and money motivated people. Not only do they want some nice 'gongs of status' on their business card, that title-band can have serious consequences on any bonus.

I know at my old place as a baseline for any Xmas bonus, an employee would get a (discretionary) bonus, equivalent to the corporate ROE (Return on Equity) * base salary. 20% was the magic ROE. 20% bonus was the benchmark. Sometimes you got more or less, depending on corporate results + peer-review!

When you went to AVP, then VP, and higher things became quickly much juicier. Open ended bonuses, stock options, etc.

But what-ever, 90% got used and abused and spat-out well before reaching those lofty heights, including myself :) I don't regret that intense 20 year mini-career for a moment, it was a wild and fun ride while it lasted, and it taught me a heck of a lot about motivators and people's baser instincts.....


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