Absence at work can be disruptive, and Medical Certificates (MCs) have been required from most companies in order for employees to call in sick. This is to certify that the employee is indeed unwell when they call in sick.
Nevertheless, abuse of Medical Certificates and sick leave privileges are not new, alongside the companies that implement draconian policies in a bid to curb abuse. While the employment act protects employees’ right to rest and recuperate when unwell, it also aims to protect companies from malingering.
Different companies may have different HR policies regarding medical benefits and sick leave, however the employment act functions as a minimum standard for employers and employees to adhere to.
#1 Paid Sick Leave And Hospitalisation Leave Is An Entitlement
Under the Employment Act, employees are entitled to 14 days of paid outpatient sick leave and 60 days of paid hospitalisation leave (which includes the 14 days of sick leave) for an employee who has worked for 6 months or more. This entitlement is pro-rated for new hires.
If an employee exceeds 14 days of sick leave in a year, the employer can consider to allow the employee to take no-pay leave for an agreed period or make alternative working arrangements that are acceptable to both parties.
Read Also: Medical Benefits That Businesses Have To Legally Provide For Their Employees In Singapore
#2 Employee Must Inform Employer Within 48 Hours
To qualify for paid sick leave, an employee needs to be covered by an MC and must have informed (or attempted to inform) the employer within 48 hours of absence. According to the employment act, failure to do so can be considered a breach of contract.
While the employment act has a 48-hour requirement, it is only responsible to inform your employer (or reporting officer) ahead of time if you intend to take sick leave. This gives your employer some time to make arrangements to cover your duties in your absence.
Read Also: Who Should Pay For The Medical Leave If Your Employee Work Two Jobs?
#3 Sick Leave/Hospitalisation Leave Is Applied To Working Days Only
Sick Leave cannot be taken on Rest Days (Sundays), Public Holidays, Non-working days, Annual leave and Unpaid leave days.
This mainly becomes relevant in situations where an MC covers a non-working day. For instance, an employee is given 2 days’ MC on 8 August. Since 9 August is a public holiday, the employee is counted as having taken only 1 day of medical leave.
For instances where an employee falls sick while on annual leave, they may discuss with their employer whether they can cancel their annual leave and take medical leave instead.
Similarly, the 60 days’ hospitalisation leave applies to working days only, so Rest days, Public holidays and Non-working days do not count in the 60 days.
#4 Employers Need To Pay For Medical Consultation Resulting In Sick Leave
Aside from continuing to pay you at your normal salary, employers are required to pay for medical consultation fees for employees taking sick leave, so long as it meets the following criteria:
- The doctor’s visit resulted in obtaining an MC for sick leave
- The doctor’s visit was with government doctors or company-approved doctors
While some companies have medical benefits which can be more broadly used, the employer is not obliged to pay for consultation fees if the doctor’s visit does not result in an MC. For instance, an employee visiting the doctor for a skin rash but reports to work thereafter is not entitled to have their consultation fees paid for by the employer.
Nevertheless, some companies have benefits which are intended to be more broadly applied such that they could cover consultations at Traditional Chinese Medicine (TCM) clinics and even cover dependents’ consultation fees. These additional medical benefits are given at the companies’ discretion.
Read Also: How To Calculate Annual Leave And Sick Leave Entitlements For Part-Time Workers
#5 Employment Should Not Be Terminated Solely Based On Excessive Sick Leave
Termination of employment is a serious matter and it affects the employees’ livelihood, and should be done based on an assessment of objective performance criteria. Where an employee is sick, employers should respect that they need time to recuperate, and this is especially so for people who have chronic medical conditions which force them to take medical leave from time to time.
There are some job scopes which may be adversely impacted from regular absence from an employee. In such cases, the termination can be made on the basis that the employee is unable to meet the work performance criteria due to their excessive absence from work.
Nevertheless, employers should try to be understanding especially for employees who have known chronic medical conditions. Flexible work arrangements such as a reassignment of workload or work from home could be given to enable them to fulfil their workload.
Read Also: Guide To Creating A Flexible Work Arrangements Framework For Your Company
#6 Medical Treatment For Cosmetic Purposes Does Not Qualify For Paid Sick Leave
Employers are not entitled to grant paid sick leave for treatments that are for cosmetic purposes, neither are they obliged to pay for the medical consultation fees.
#7 Company Can Choose Not To Require Medical Certificates
Some companies have begun to implement sick leave policies which do not require medical certificates. Most companies have thus far limited this to 3 days, but some companies have removed the limits for this. Going to the clinic and thereafter processing medical claims is a hassle, for which some employees may decide that if it is minor enough, they may just turn up to work instead.
This policy decision is typically made to give more flexibility and encourage workers to stay home and recuperate or work from home rather than turn up to work and spread the virus.
Trust Is Key
Even with MCs still being mandatory for most companies, the widespread availability of telemedicine has of late caused concern over over-issuance of MCs and talks about needing more regulation on telemedicine. Such discussions only surface because some employees (and doctors) have abused trust.
Companies choosing not to implement stricter rules may also face the problem where the company culture is eroded because some employees abuse the system.
Nevertheless, companies with high trust work culture have the option of implementing less stringent rules, especially if colleagues trust each other enough to take sick leave only when necessary.
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