Monday

Compassionate Leave

If an employee has just lost her husband and she has a very young child under 1 year old, what else can the company do to support her and the family e.g. financially, time off, contributions to a fund for them e.t.c. Are there any restrictions or it is for the company to decide.


There are no restriction but objectively you do not wish to set precedent on such flexibility in your policy.

Changes of Notice Period

We are looking into revising employees' notice period from 1 month to 2 months.

If this is the only revision to their employment, is it necessary to issue a new contract ?  Or just need to issue a letter stating this and obtain their acceptance (by signing and returning the letter) ? Under what circumstances do we require to issue revised contract  or offer letter ?

You need to issue letter and with their agreement, new LOA is not required unless changes of other terms and condition in the contract

Foreign Worker's Probation

May I know if a foreign worker still under probation, is the company liable for medical treatment cost and repatriation cost? 

Regardless if the foreign worker is confirmed, you are liable on everything stated on the Employment of Foreign Manpower Act and all the guidelines by work passes.

Annual Leave Carried Forward

Can employer limit the no. of days for Annual leave to be carried forward? Is this anyway violating the Employment Act?


Based on the Employment Act: 

Your annual leave entitlement can be forfeited if you:

  • Are absent from work without permission or reasonable excuse for more than 20% of the working days in the months or year.
  • Fail to take your leave within 12 months after the end of 12 months of continuous service.
  • Are dismissed on the grounds of misconduct.

So if your option to choose how to determine your company Leave policy, you can allow to carry all or even none.

Work During Hospitalization Leave

I am currently on hospitalization leave from the 2nd December to the 23rd December. I would like to know if I am allowed to go back to work on the 19th December, even if the surgeon told me to go back to work after the 23rd?

Some company disallow in order to ensure the safety of the employee. As long as your company allows, you may go back to work earlier.

Leave Carried Forward During Resignation

What is the stand when an employee tender before 30 Nov and last day is 31 Jan, but company has a policy saying you can only carry over a max of 10 days of leave. The employee will have 15 days of annual leave as of 31 Dec.

Can the company forfeit the 5 days and only allow him to carry over 10 days as stated in the employee handbook?

Yes, company has the right to forfeit the leave as per company policy. Your resignation doesn't void the pre-determined policy.

Annual Leave Pro-ration

We have cumulative annual leave table as follows;

 

Year of Service

Managerial

1 - 2 years

14 days

3 - 5 years

17 days

6 – 7 years

20 days

8 years and beyond

21 days

 

If the employees joined date fall in July 2011 which annual leave entitlement cluster should they fall under in 2017?


It should be 20 days if your company is practising the calculation by calendar year, where first year of the annual leave has been pro-rated while the full entitlement has been granted in subsequent year. Unless your company is calculating the Annual Leave using the anniversary year, which is rare as market practice, and rather confusing.

 

Last Working Day

My contract is 2mths resignation period. 
If i tender on 28 March Is last day on 27 May? But what if 27 May is a non working day. Would the last working day be the next working day on 29May  instead?


27 May will be your last day of service. In the event if your last day of service happened to be non-working day, your last working day shall fall before the last day of seevice. For your case, it would be. 25 May or 26 May, but not 29 May

IVF Hospitalization Leave

Can an employee take hospitalisation leave after doing a IVF procedure? The dr gave the employee hospitalisation leave after implanting the egg back into her body and gave her 2 weeks to rest at home to increase the chance of pregnancy. 

As long as the Medical Leave or Hospitalization Leave is granted and supported by the certificates of certified practitioners in Singapore, why can't employees taking the MC or HL?

Tuesday

Resignation Notice Period

My contract with my current employer states a two-month notice period. I have served 0.5 months of my notice period, and intend to serve another month before paying the remaining 0.5 months with salary in-lieu. Does my employer have the right to reject this?

Yes, you have to pay as per contract. Any waiver is subjected to the approval from your employer.