PART 10 HOLIDAY, ANNUAL LEAVE AND SICK
LEAVE ENTITLEMENTS |
[55/2018] 88.—(1) Every employee is entitled to a paid holiday at his or her gross rate of pay on a public holiday that falls during the time that he or she is employed, subject to the following:| (a) | by agreement between the employer and the employee any other day or days may be substituted for any one or more public holidays; | | (b) | if any public holiday falls on a rest day, the working day next following that rest day is a paid holiday; | | (c) | if any public holiday falls on a day when the employee is not required to work under his or her contract of service, the employer may either pay the employee for that holiday at his or her gross rate of pay or give the employee a day off in substitution for that holiday. [27/2015] |
| (2) Despite subsection (1), an employee is not entitled to holiday pay for any public holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the employee’s request. [27/2015] |
| (3) An employee who absents himself or herself from work on the working day immediately preceding or immediately succeeding a public holiday or any day substituted therefor under subsection (1) without the prior consent of his or her employer or without reasonable excuse is not entitled to any holiday pay for that holiday. [27/2015] |
| (4) Despite subsection (1), any employee may be required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under that subsection and, in such event, the employee must be paid an extra day’s salary at the basic rate of pay for one day’s work in addition to the gross rate of pay for that day and to a travelling allowance, if payable to the employee under the terms of his or her agreement with his or her employer, for one day. [27/2015] |
(4A) Despite subsections (1) and (4), where any employee (other than an employee to whom Part 4 applies by virtue of section 35(b) or who is a workman mentioned in section 35(a)) is required by his or her employer to work on any public holiday to which the employee would otherwise be entitled under subsection (1), the employee must be paid the gross rate of pay for that day and may be given the following, in lieu of a day off in substitution for that holiday or an extra day’s salary at the basic rate of pay:| (a) | part of a day off on a working day comprising such number of hours as may be agreed between the employee and his or her employer; | | (b) | in the case where there is no such agreement —| (i) | part of a day off on a working day comprising 4 hours if the employee worked on that holiday for a period not exceeding 4 hours; or | | (ii) | a day off on a working day if the employee worked on that holiday for a period of more than 4 hours. [26/2013; 27/2015; 55/2018] |
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| (5) An employee is not entitled, by reason of subsection (4), to receive double any housing allowance or food allowance. |
(6) Subsection (4) does not apply to an employee who is employed by the Government or a statutory body in any of the essential services as defined under Part 3 of the Criminal Law (Temporary Provisions) Act 1955, but —| (a) | any such employee may, despite subsection (1), be required by his or her employer to work on a public holiday or part thereof to which the employee would otherwise be entitled under that subsection; and | | (b) | in any such case, the employee must be given a day or part of a day off (as the case may be) in substitution for the public holiday or part thereof. [27/2015] |
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| (7) For the purposes of this section if any public holiday falls on a half working day, the gross or basic rate of pay payable is that of a full working day. [27/2015] |
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88A.—(1) An employee who has served an employer for a period of not less than 3 months is, in addition to the rest days, holidays and sick leave to which the employee is entitled under sections 36, 88 and 89, respectively, entitled to the following:| (a) | 7 days of paid annual leave, for the first 12 months of continuous service with the same employer; | | (b) | subject to paragraph (c), an additional one day of paid annual leave, for every subsequent 12 months of continuous service with the same employer; | | (c) | a maximum of 14 days of paid annual leave. [55/2018] |
| (2) An employee who has served an employer for a period of not less than 3 months, but has not completed 12 months of continuous service in any year, is entitled to annual leave in proportion to the number of completed months of service in that year. [55/2018] |
(3) In calculating the proportionate annual leave under subsection (2) —| (a) | any fraction of a day that is less than one‑half of a day must be disregarded; and | | (b) | where a fraction of a day is one-half or more, it must be regarded as one day. [55/2018] |
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| (4) Where an employee is granted leave of absence without pay by an employer at the employee’s request, the period of the leave is to be disregarded for the purpose of computing the period of continuous service under this section. [55/2018] |
| (5) An employee forfeits the employee’s entitlement to annual leave if the employee absents himself or herself from work without the employer’s permission, or without reasonable excuse, for more than 20% of the working days in the months or year (as the case may be) in which the employee’s entitlement to annual leave accrues. [55/2018] |
(6) In the case of an employee to whom Part 4 applies by virtue of section 35(b) or who is a workman mentioned in section 35(a) —| (a) | the employer must grant, and the employee must take, the employee’s paid annual leave not later than 12 months after the end of every 12 months of continuous service; and | | (b) | if the employee fails to take that leave by the end of that period, the employee ceases to be entitled to that leave. [55/2018] |
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| (7) An employer must pay an employee the employee’s gross rate of pay for every day of paid annual leave. [55/2018] |
| (8) If an employee is dismissed on any ground other than misconduct before the employee has taken all of the employee’s paid annual leave, the employer must pay the employee the employee’s gross rate of pay in respect of every day of that leave not taken by the employee. [55/2018] |
(9) The Minister may, by notification in the Gazette, do any of the following:| (a) | fix the periods when, and prescribe the manner in which, paid annual leave is to be granted to employees in different types of employment or in different classes of industries; | | (b) | suspend the application of any provision of this section to any class of employees, when the public interest so requires it. [55/2018] |
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89.—(1) Any employee who has served an employer for a period of not less than 6 months is entitled, after examination by a medical practitioner, to such paid sick leave, as may be certified by the medical practitioner, 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 the employee is hospitalised. [55/2018] |
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(2) Any employee who has served an employer for a period of at least 3 months but less than 6 months is entitled, after examination by a medical practitioner, to such paid sick leave, as may be certified by the medical practitioner, 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 the employee is hospitalised; |
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| | (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 the employee is hospitalised; or |
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| | (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 the employee is hospitalised. [55/2018] |
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(3) For the purposes of this section —| (a) | an employee is hospitalised if the employee is warded in a hospital in such circumstances as may be prescribed or is under quarantine (whether or not in a hospital) under any written law; and | | (b) | an employee is to be treated as hospitalised for any period the employee is not an in-patient of a hospital, or stops being an in-patient of a hospital after being warded in that hospital in accordance with paragraph (a), if the employee is certified, by a medical practitioner employed by a hospital approved by the Minister —| (i) | to be ill enough to require hospitalisation during that period; or | | (ii) | to need rest or further medical treatment during that period in order to recover after the employee’s discharge from a hospital. [55/2018] |
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(4) An employee who absents himself or herself on sick leave —| (a) | which is not certified by a medical practitioner; or | | (b) | which is certified by a medical practitioner not appointed by the employer, but of which the employee did not inform or attempt to inform the employer within 48 hours after its commencement, |
| is deemed to have absented himself or herself from work without the employer’s permission and without reasonable excuse for the days on which the employee is so absent from work. |
[55/2018] |
(5) The employer must 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. |
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| (6) Despite subsection (5), an employee is not entitled to paid sick leave on a rest day or on a holiday to which he or she is entitled under section 36 or 88 respectively or on any day of paid annual leave or on a day when he or she is not required to work under his or her contract of service or on a day when he or she is on leave of absence without pay granted by the employer at the employee’s request. |
| (7) An employee is not entitled to paid sick leave for the period during which he or she is receiving or is entitled to receive compensation for temporary incapacity under paragraph 4 of the First Schedule to the Work Injury Compensation Act 2019 or paragraph 4 of the Third Schedule to the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act. [27/2019] |
(7A) Where an employee has served an employer for a period of at least 3 months, the employer is liable to bear, or to reimburse the employee, the fees of an examination of the employee by a medical practitioner, if —| (a) | the medical practitioner is appointed by the employer or is a medical officer; and | | (b) | after the examination, the employee is certified by the medical practitioner to be entitled to paid sick leave. [55/2018] |
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(8) An employer is deemed to fulfil the employer’s obligation under subsection (7A) if —| (a) | the Commissioner, after considering the merits of any healthcare scheme that the employer provides to the employer’s employees and such other matters as the Commissioner may consider relevant, by written order directs that the employer has fulfilled that obligation for so long as the employer provides such a healthcare scheme for the employer’s employees; or | | (b) | the employer complies with such other requirement as the Minister may, by regulations, prescribe. [55/2018] |
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(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 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. |
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| (10) This section does not apply to any employee seeking or undergoing medical treatment which, in the opinion of a medical practitioner performing the examination under subsection (1) or (2), is for cosmetic purposes. [26/2013; 55/2018] |
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| 90.—(1) Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [4/2010] (2) Despite subsection (1) —| (a) | an employer and the employer’s employees or a trade union representing the employer’s employees may negotiate for and agree to terms of service more favourable than those contained in sections 88A and 89; and | | (b) | it is not an offence for an employer to grant to the employer’s employees terms of service more favourable than those contained in sections 88A and 89. [4/2010; 55/2018] |
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