Sick leave
89.—(1)  Any employee who has served an employer for a period of not less than 6 months shall, after examination at the expense of the employer by a medical practitioner appointed by the employer or a medical officer, be entitled to such paid sick leave, as may be certified by the medical practitioner or medical officer, not exceeding in the aggregate —
(a)if no hospitalisation is necessary, 14 days in each year; or
(b)if hospitalisation is necessary, the lesser of the following:
(i)60 days in each year;
(ii)the aggregate of 14 days plus the number of days on which he is hospitalised.
[32/2008]
(2)  Any employee who has served an employer for a period of at least 3 months but less than 6 months shall, after examination at the expense of the employer by a medical practitioner appointed by the employer or a medical officer, be entitled to such paid sick leave, as may be certified by the medical practitioner or medical officer, not exceeding in the aggregate —
(a)where the employee has served the employer for a period of at least 3 months but less than 4 months —
(i)if no hospitalisation is necessary, 5 days in each year; or
(ii)if hospitalisation is necessary, the lesser of the following:
(A)15 days in each year;
(B)the aggregate of 5 days plus the number of days on which he is hospitalised;
(b)where the employee has served the employer for a period of at least 4 months but less than 5 months —
(i)if no hospitalisation is necessary, 8 days in each year; or
(ii)if hospitalisation is necessary, the lesser of the following:
(A)30 days in each year;
(B)the aggregate of 8 days plus the number of days on which he is hospitalised; or
(c)where the employee has served the employer for a period of at least 5 months but less than 6 months —
(i)if no hospitalisation is necessary, 11 days in each year; or
(ii)if hospitalisation is necessary, the lesser of the following:
(A)45 days in each year;
(B)the aggregate of 11 days plus the number of days on which he is hospitalised.
[32/2008]
(3)  If an employee is certified by a medical practitioner appointed by the employer or a medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason whatsoever, the employee shall be deemed to be hospitalised for the purposes of this section.
[32/2008]
(4)  An employee who absents himself on sick leave —
(a)which is not certified by a medical practitioner appointed by the employer or a medical officer; or
(b)which is certified by a medical officer, but without informing or attempting to inform his employer of such sick leave within 48 hours of the commencement thereof,
shall be deemed to have absented himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
[32/2008]
(5)  The employer shall pay the employee for every day of such sick leave —
(a)where no hospitalisation is necessary, at the gross rate of pay excluding any allowance payable in respect of shift work; and
(b)where hospitalisation is necessary, at the gross rate of pay.
[32/2008]
(6)  Notwithstanding subsection (5), no employee shall be entitled to paid sick leave on a rest day or on a holiday to which he is entitled under section 36 or 88 respectively or on any day of paid annual leave or on a day when he is not required to work under his contract of service or on a day when he is on leave of absence without pay granted by the employer at his request.
[32/2008]
(7)  No employee shall be entitled to paid sick leave for the period during which he is receiving or is entitled to receive compensation for temporary incapacity under paragraph 4 of the Third Schedule to the Work Injury Compensation Act (Cap. 354).
[32/2008]
(8)  For the purposes of subsections (1) and (2), an employer shall be deemed to fulfil the obligation imposed by those subsections to bear the fees of any medical examination of his employees if —
(a)the Commissioner, after considering the merits of any healthcare scheme that the employer provides to his employees and such other matters as the Commissioner may consider relevant, by order in writing directs that the employer fulfils that obligation for so long as he provides such a healthcare scheme for his employees; or
(b)the employer complies with such other requirement as the Minister may, by regulations, prescribe.
[32/2008]
(9)  An order made under subsection (8)(a) —
(a)may be subject to such terms or conditions as the Commissioner may determine, which the Commissioner may from time to time add to, vary or revoke;
(b)need not be published in the Gazette; and
(c)may be revoked by the Commissioner in writing at any time.
[32/2008]
(10)  This section shall not apply to any employee seeking or undergoing medical treatment which, in the opinion of a medical practitioner or medical officer performing the examination under subsection (1) or (2), is for cosmetic purposes.
[Act 26 of 2013 wef 01/04/2014]
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Last updated 23 Aug 2024
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