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Can the new Shared Parental Leave (SPL) be carried over if a parent’s employment is terminated and begins working for a new employer?


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Updated by MSF

Parents whose employment is terminated before fully utilising their Shared Parental Leave (SPL) will not be able to transfer any unutilised leave to their new employer. However, they may reallocate the remaining entitlement, in whole weeks, to their spouse. As this reallocation requires a change in the sharing arrangement, parents must seek their employers’ agreement (where applicable) if the change occurs after the first four weeks of the child’s birth or Formal Intent to Adopt (FIA) date.

 

Resignation

 

If a parent resigns and their spouse’s employer does not agree to the change in sharing arrangement, the remaining SPL will be forfeited.

 

Retrenchment

 

Parents who are retrenched may obtain the employer’s agreement to reallocate the remaining SPL to their spouse (if applicable), or claim the unutilised entitlement as Shared Parental Leave Benefit (SPB) top-up.

 

Contract expiry

 

Parents whose contracts have expired may obtain the employer’s agreement to reallocate the remaining SPL to their spouse (if applicable), or claim unutilised entitlement as SPB top-up.

 

Dismissal

 

If a parent is dismissed and their spouse’s employer does not agree to the change in sharing arrangement, the remaining SPL will be forfeited. Parents who consider themselves to be wrongfully dismissed may seek redress by filing a claim at the Tripartite Alliance for Dispute Management (TADM).



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