Effective management of employee leave entitlements is crucial for businesses in Singapore, ensuring compliance with local labour laws while fostering a positive work environment. The primary legislation governing most leave types is the Employment Act (EA). Understanding the different categories of leave, their eligibility criteria, and employer obligations is key to smooth operations.

 

Key Types of Leave Entitlements in Singapore

 

Singapore’s Employment Act (EA) outlines several types of leave that employers must provide to eligible employees. These include:

 

1. Annual Leave

Annual leave is a paid leave entitlement that allows employees to take time off for rest and personal matters.

  • Eligibility: Employees covered by the EA who have served at least 3 months with their employer are entitled to annual leave.
  • Entitlement: The minimum annual leave entitlement starts at 7 days for the first year of service and increases by 1 day for every subsequent year of service, up to a maximum of 14 days. The EA provides the minimum, and employers can offer more generous entitlements.
  • Pro-ration: For employees with less than 12 months of service, annual leave can be pro-rated.
  • Carry-over: The EA specifies that annual leave must be taken within 12 months after the end of the 12-month continuous service for which it is earned. However, employers and employees can agree to carry over untaken leave to the next 12-month period.

 

2. Sick Leave and Hospitalisation Leave

Sick leave is provided to employees for temporary incapacity due to illness, while hospitalisation leave covers periods of confinement in a hospital.

  • Eligibility: Employees covered by the EA who have served at least 3 months with their employer are entitled to paid sick leave.
  • Requirements: To be eligible for paid sick leave, employees must inform their employer of their absence within 48 hours and be examined by a medical practitioner, who must certify the need for sick leave.
  • Entitlement: The amount of sick leave an employee is entitled to depends on their length of service, up to a maximum of 14 days of paid outpatient sick leave and 60 days of paid hospitalisation leave (which includes the 14 days of outpatient sick leave) per year. The total 60 days include sick leave taken without hospitalisation.

 

3. Maternity Leave

Maternity leave provides paid time off for female employees to recover from childbirth and care for their newborns.

  • Eligibility: Female employees are entitled to maternity leave if they have served their employer for at least 3 months (for employees covered by the EA) or 3 months (for employees not covered by EA but entitled to the Child Development Co-Savings Act) before childbirth, and their child is a Singapore citizen, among other criteria.
  • Duration: Eligible employees are entitled to 16 weeks of paid maternity leave if the child is a Singapore citizen, or 12 weeks if the child is not a Singapore citizen. The government pays for a portion of the leave for Singapore citizen children.
  • Flexibility: Maternity leave can be taken flexibly, subject to agreement with the employer.

 

4. Childcare Leave

Childcare leave allows parents to take time off to care for their young children.

  • Eligibility: Employees covered by the EA who have served at least 3 months, and whose child is a Singapore citizen and below 7 years old, are entitled to childcare leave.
  • Entitlement: Parents are entitled to 6 days of paid childcare leave per year until their child turns 7, if the child is a Singapore citizen. If the child is not a Singapore citizen, the entitlement is 2 days per year. The total childcare leave is capped at 42 days for each parent.
  • Government Reimbursement: The government reimburses employers for some of the childcare leave taken by employees whose children are Singapore citizens.

 

5. Paternity Leave

Paternity leave allows fathers to take time off to care for their newborns and support their spouses.

  • Eligibility: Fathers are entitled to paid paternity leave if their child is a Singapore citizen, they are lawfully married to the child’s mother, and have served their employer for at least 3 months, among other criteria.
  • Duration: Eligible fathers are entitled to 2 weeks of paid paternity leave. The government pays for the leave.

 

6. Shared Parental Leave

Shared parental leave allows fathers to share a portion of their wife’s government-paid maternity leave.

  • Eligibility: Fathers are eligible if their child is a Singapore citizen, their wife qualifies for government-paid maternity leave, and they are lawfully married to the child’s mother.
  • Duration: Eligible fathers can share up to 4 weeks of their wife’s government-paid maternity leave, subject to the wife’s agreement.

 

7. Extended Childcare Leave

This leave is for parents with older children.

  • Eligibility: For employees with children aged 7 to 12 years old (inclusive) who are Singapore citizens, and who have served their employer for at least 3 months.
  • Entitlement: 2 days of paid extended childcare leave per year per parent, capped at 12 days for each parent.

 

8. Compassionate Leave / Bereavement Leave

While not explicitly mandated by the EA, many employers in Singapore offer compassionate or bereavement leave as part of their company policy. This leave allows employees time off to deal with the death of a close family member. The duration and terms are typically outlined in the employment contract or company handbook.

 

9. Unpaid Leave

Employees may request unpaid leave for various personal reasons, subject to employer approval. While employers are not legally obliged to grant unpaid leave, it can be a flexible option for both parties in certain circumstances.

 

Employer Obligations and Best Practices

To effectively manage employee leave entitlements and ensure compliance, companies should:

  • Develop Clear Leave Policies: Document all leave types, eligibility criteria, application procedures, and any specific company rules in an easily accessible employee handbook or company policy document.
  • Accurate Record-Keeping: Maintain meticulous records of all leave applied for, approved, and taken by employees. This is essential for compliance and can be crucial in resolving any disputes.
  • Communicate Effectively: Ensure employees are well-informed about their leave entitlements and the proper procedures for applying for leave.
  • Fair and Consistent Application: Apply leave policies consistently across all employees to avoid claims of discrimination or unfair treatment.
  • Stay Updated on Legislation: Employment laws and regulations can change. Employers should regularly review and update their leave policies to remain compliant with the latest requirements from the Ministry of Manpower (MOM).

Navigating the intricacies of employee leave entitlements, especially with varying eligibility criteria and government-paid portions, can be complex. For professional support with employment-related matters, consider reaching out to Raffles Corporate Services Pte Ltd.

For further assistance or inquiries, you can contact the Raffles Corporate Services team via email at [email protected].

Yours sincerely,

The editorial team at Raffles Corporate Services