What If My Employer Refuses to Give Me Maternity Leave?
Maternity leave is a legal right in Singapore. Refusing it is a criminal offence. Here is exactly what your employer cannot do and how to take action if they try.
Your Legal Rights Under the Employment Act
Maternity leave in Singapore is governed by the Employment Act (Chapter 91A) and the Child Development Co-Savings Act. These laws give you statutory maternity leave rights that cannot be overridden by your employment contract, even if your contract says otherwise.
The law is clear
Any employer who fails or refuses to pay maternity leave, or who dismisses an employee without sufficient cause during maternity leave, commits an offence under the Employment Act. The penalty is a fine of up to S$5,000 for a first offence and up to S$10,000 for subsequent offences.
Even if you are on probation, on a fixed-term contract, or working part-time, you are entitled to maternity leave as long as you meet the eligibility requirements (employed for at least 3 months, baby is SC or PR, legally married for the government-funded portion).
What Employers Cannot Do
Refuse to grant you the statutory maternity leave weeks you are entitled to
Dismiss you without sufficient cause during your maternity leave (this is considered wrongful dismissal)
Threaten to dismiss you or penalise you because you are pregnant or taking maternity leave
Withhold your maternity pay or delay it without cause
Refuse to apply for GPML reimbursement from the government on your behalf
How to Escalate: Step-by-Step
If your employer is refusing your maternity leave or withholding pay, follow this escalation ladder:
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1
Document everything
Keep copies of all emails, messages, or verbal conversations about your maternity leave request. Write a formal written request to your employer or HR, stating your entitlement and expected dates.
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2
Raise with HR formally
If your direct manager is refusing, escalate to HR or senior management in writing. State the legal basis (Employment Act) and request a written response.
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3
File a complaint with MOM
Submit a complaint through MOM's iReport portal at mom.gov.sg/eservices or call the MOM helpline at 6438-5122. MOM will investigate and can impose fines and require the employer to pay what is owed.
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4
Contact TAFEP for discrimination
The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) handles workplace discrimination cases. If you believe you were passed over for promotion, sidelined, or threatened because of your pregnancy, contact TAFEP at tafep.sg or 6838-0708.
MOM Contact Details and Wrongful Dismissal Claims
MOM Helpline
6438-5122 (Monday to Friday, 8:30am to 5:30pm)
MOM iReport Portal
mom.gov.sg/eservices - submit complaints online
TAFEP
6838-0708 or tafep.sg - for discrimination and unfair treatment cases
Wrongful dismissal during pregnancy
If you believe you were dismissed because you are pregnant or taking maternity leave, this is considered wrongful dismissal. You can file a wrongful dismissal claim through the Employment Claims Tribunal (ECT) within one month of the dismissal. MOM can also investigate the dismissal and may order reinstatement or compensation.