Can My Employer Ask Me to Work While on Sick Leave in Singapore?
If you are an employee in Singapore, you may have wondered if your employer can ask you to work while you are on sick leave. The answer is no, they can’t. Here’s why.
Sick leave is a statutory entitlement under the Employment Act for employees who have worked for at least 3 months with their employer. You are entitled to both paid outpatient sick leave and paid hospitalisation leave, depending on your condition and the medical certificate issued by a registered doctor or dentist.
Paid outpatient sick leave is for when you are certified to be unfit for work by a doctor or dentist, but do not need to be warded in a hospital or undergo day surgery. You can get up to 14 days of paid outpatient sick leave per year, pro-rated according to your length of service.
Paid hospitalisation leave is for when you are warded in a hospital as an in-patient or for day surgery, or when you are not hospitalised but require bed rest or further medical treatment to recover. You can get up to 60 days of paid hospitalisation leave per year, including the 14 days of paid outpatient sick leave.
The purpose of sick leave is to allow you to rest and recover from your illness or injury, without worrying about losing your income or facing disciplinary action from your employer. It is also to prevent you from spreading diseases to your co-workers or customers, and to protect your health and safety at work.
Therefore, your employer cannot ask you to work while you are on sick leave, whether it is outpatient or hospitalisation leave. They cannot challenge the legitimacy of your medical certificate, unless they have reasonable grounds to suspect fraud or abuse. They cannot deduct your salary or annual leave for taking sick leave, unless you exceed your entitlement or take sick leave without a valid medical certificate. They cannot terminate your employment or penalise you in any way for taking sick leave, unless you are found guilty of misconduct or poor performance.
The Singapore Government expects all employers to approve their employee’s sick leave requests if the employee is eligible. Your employee is ill and needs rest. There’s no reason to refuse their leave requests. They can’t be productive if they work while feeling unwell. Worse, they might spread diseases to the rest of your workforce.
If your employer asks you to work while you are on sick leave, you have the right to refuse and report them to the Ministry of Manpower (MOM). MOM will investigate and take action against employers who violate the Employment Act or other labour laws. You can also seek advice from your union representative or a lawyer if you face any problems with your employer regarding your sick leave.
In conclusion, your employer cannot ask you to work while you are on sick leave in Singapore. Sick leave is a legal right and a medical necessity for employees who are unwell. You should use your sick leave wisely and responsibly, and focus on getting better as soon as possible.
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