Understanding Notice Period in Singapore Employment

Navigating employment in Singapore requires understanding the intricacies of the notice period. This comprehensive guide clarifies common questions regarding this period, ensuring both employers and employees are well-informed about their rights and responsibilities.

What is a Notice Period and Why is it Important?

A notice period is the timeframe an employer or employee must provide to formally terminate an employment contract. This crucial element, detailed in employment contracts or governed by the Employment Act of Singapore, ensures a smooth transition and minimizes disruption.

Importance of Notice Periods

• Smooth Transition: Allows for project completion, employee training, and seamless handover of responsibilities, benefiting both employer and employee.
• Legal Compliance: Adherence is vital to comply with Singapore's Employment Act. Failure can lead to legal disputes and claims of wrongful or unfair dismissal.
• Mutual Agreement: The period can be negotiated and agreed upon, creating a fair and reasonable arrangement.
• Protection of Interests: During this period, the employee retains their salary and benefits. Employers may utilize "garden leave" to protect sensitive information.
• Tax Implications: Notice period buyouts (where the employer pays for immediate departure) are taxable and require accurate income tax reporting.
• Special Circumstances: Gross misconduct allows for immediate termination without notice, but only after proper investigation and disciplinary procedures.

Legal Notice Period in Singapore

Notice periods vary from one company to another. In this situation, both employers and employees may abide by the Singapore Ministry of Manpower's (MOM) default period:

*Contractual notice periods supersede statutory minimums.

In an employment journey, understanding notice periods is crucial for both employers and employees to ensure a smooth and positive transition when terminating employment. So here’s everything you need to know about the Ministry of Manpower’s (MOM) guidelines and regulations during this period and how to manage your employees who are leaving your company in a fair and efficient manner!

How to Calculate The Start and End of The Notice Period?

The notice period begins and ends based on what is specified in the employment contract or the minimum period required by MOM.

Example:

If the notice period is started on 1 December, the period begins on 1 November. Therefore, the employment contract indicates a one-month notice period where the last service day would be on 31 December, as it includes public holidays and weekends.

Can My Employer Waive My Notice Period?

Yes, your employer can waive your notice period, but this is possible only under certain conditions. Here are the key scenarios:

1. Mutual Consent
   Both you and your employer must agree to waive the notice period, and this agreement should be documented in writing. This ensures clarity and prevents potential disputes. Without mutual consent, the period stipulated in your employment contract remains enforceable.
2. Notice Period Buyout
   Instead of serving the full notice period, your employer may choose to compensate you with a payment equivalent to the salary you would have earned during the unserved period. This buyout is a common practice and must align with the terms outlined in your employment contract. It's important to note that Central Provident Fund (CPF) contributions are not required for this payment, as it does not constitute earned wages for work performed.

Consequences of Not Serving Your Notice Period

Failing to serve the notice period stipulated in your employment contract can lead to various consequences. It’s essential to understand these implications to navigate the process responsibly and avoid potential disputes.

• Compensation Obligations: If either party—the employee or the employer—fails to serve the full notice period, they are generally required to compensate the other party. The compensation typically equals the salary for the unserved portion of the notice period.
• Legal Disputes: Breaches can lead to disputes resolved through the Employment Claims Tribunal (ECT). The ECT provides a platform for resolving employment-related disagreements efficiently and fairly.
• Exceptions: Certain circumstances may allow an employee to leave immediately or an employer to terminate without notice:
  • Employer's Breach of Contract: If the employer violates key terms of the contract, such as failing to pay salary on time, the employee may be justified in leaving without serving notice.
  • Serious Employee Misconduct: Employers can terminate employees without notice in cases of gross misconduct. However, the affected party may still need to address compensation issues, depending on the situation.
• Documentation: Providing written notice when resigning or terminating an employee is vital. Written communication helps to formalise the process, ensuring that both parties have a clear record of the terms and dates.

Annual Leave Treatment During Notice Period

Using annual leave during this time is possible, but it requires mutual agreement between you and your employer. Here’s how it works and the key considerations to keep in mind:

• Offsetting: Annual leave can offset the notice period, shortening your last day of employment. In this arrangement, the leave days are counted as part of it and are not paid out separately.
• Clearing Leave: Take the leave you’re entitled to while serving your notice period. In this case, you would still be paid your full salary during this time, including the leave days taken. This approach does not reduce the overall length.
• Employer Discretion: Employers can refuse leave requests based on operational needs or if they require your presence to ensure a smooth handover of responsibilities.

Notice Period for Probationary Employees

Probationary employees typically have shorter periods. The minimum is 1 day for those employed less than 26 weeks. However, contracts may specify longer periods, and mutual agreement can alter these terms.

Employer Extending Your Notice Period

An employer can extend only with mutual agreement. In addition, any changes require clear communication and documented consent, often via a signed contract addendum.

Consequences of Employer Termination Without Proper Notice

If your employer dismisses you without serving the required notice period, you are entitled to certain remedies and protections under Singapore’s employment laws. Here's what you need to know:

1. Compensation for Unserved Notice Period
   In cases where proper notice is not given, you are entitled to notice period buyout. This means your employer must compensate you with an amount equivalent to the wages you would have earned during this period stipulated in your employment contract.
2. Filing a Wrongful Dismissal Claim
   If you believe your termination was unjustified or executed without the proper process, you can file a wrongful dismissal claim. In Singapore, these claims are handled by the Tripartite Alliance for Dispute Management (TADM).
   • Claims must typically be filed within one month of your last day of employment.
   • Managers and executives have a slightly different process, and they may be subject to a two-month service period for eligibility to file claims.
3. Possible Outcomes of a Successful Claim
   If your claim is upheld, the outcomes may include:
   • Reinstatement: Returning to your previous role under the same terms and conditions.
   • Compensation: Financial redress for the income lost due to wrongful termination. This amount is determined based on the specific circumstances of your case.
4. Statutory Protections and Retrenchment Benefits
   Employees who have completed at least 2 years of continuous service with their employer are entitled to additional protections. For instance, if the termination is due to retrenchment, you may be eligible for retrenchment benefits. The exact amount and terms for these benefits depend on company policies and employment contracts but must align with statutory requirements or prevailing norms.

Resigning During Probation

Resigning during probation typically requires adhering to your contract's notice period, or paying compensation in lieu of notice. If your contract lacks a specific period, the Employment Act's minimums apply (1 day for less than 26 weeks of service).

Conclusion

Understanding Singapore’s notice period regulations is crucial for both employers and employees to ensure fair and professional transitions. Whether it involves serving the required notice, offsetting with annual leave, or handling terminations, adherence to these rules helps minimise conflicts and maintain positive relationships. However, workplace situations can be complex and may require tailored advice. Consulting legal or HR professionals is always recommended to address specific circumstances and ensure compliance with Singapore’s employment laws.

Taking a sabbatical leave in Singapore can be a rewarding experience, offering a chance to recharge, upskill, or pursue personal interests. However, unlike some countries, sabbatical leave isn't a legal entitlement in Singapore. This article clarifies your rights, the process, and what to expect when considering a sabbatical.

What is Sabbatical Leave?

Sabbatical leave is an extended period of absence from work, typically ranging from a few weeks to a year or more, granted to employees to pursue personal or professional development. This could include further education, travel, volunteer work, or simply rest and rejuvenation. It's distinct from other types of leave like annual leave or sick leave, which are mandated by law.

Key Differences from Other Leave Types

• Statutory vs. Non-Statutory: Unlike annual leave and sick leave (mandated by the Employment Act), sabbatical leave is non-statutory. It's entirely at the employer's discretion.
• Eligibility and Duration: Eligibility and duration vary greatly depending on company policies. Some companies offer sabbaticals after a certain tenure (e.g., 5 years), with durations ranging from a few weeks to a year or more.
• Payment: Sabbaticals can be fully paid, partially paid, or unpaid, unlike statutory leaves, which are usually paid.
• Work Contract and Responsibilities: Your employment contract continues during a sabbatical, but your regular duties are suspended. In Singapore, while sabbatical leave is not legally mandated and is subject to individual company policies, an employment contract generally remains active during a sabbatical period. Regular duties are temporarily suspended, and the employee typically returns to their role upon completion of the sabbatical. This framework allows employees to take extended time off for personal or professional development while retaining their employment status.
  A proper handover plan is crucial.
• Benefits and Impact: Sabbaticals primarily aim to boost employee well-being, professional growth, and work-life balance, unlike leaves focused on immediate needs (health or family).

Eligibility and Company Policies

Is Sabbatical Leave a Legal Entitlement?

In Singapore, sabbatical leave is not a legal entitlement, and whether employees are eligible for sabbaticals depends on the company's policies and agreements. While some employers may offer sabbatical leave as part of their benefits package, it's not guaranteed for all employees.

Typical Company Policies

• Eligibility: Most companies reserve sabbaticals for long-serving employees (often 5+ years).
  While many companies in Singapore offer sabbatical leave to employees who have served for five or more years, it is not a universal or mandatory practice. The availability and terms of sabbatical leave depend entirely on individual company policies, as there is no statutory requirement for such leave in Singapore.
  
• Duration: Durations vary widely, from a few weeks to 24 months or more, depending on the company.
• Pay scheme: Some companies offer paid sabbaticals (fully or partially), while others offer unpaid leave, depending on company policy.
• Application: Applications usually require advance notice and a detailed explanation of the leave's purpose accompanied by supporting documentation required, e.g., letter of acceptance (study or volunteer purpose)

Planning and Proposing Your Sabbatical

Step-by-step guide to taking sabbatical leave

• Understand Company Policies: Review your company's leave policies thoroughly.
• Plan Ahead and Notify in Advance: Give ample notice (several months ideally) and prepare your supporting documents.
• Develop a Handover Plan: Detail how your responsibilities will be managed during your absence.
• Highlight Benefits for Employer: Explain how the sabbatical will benefit both you and the company (increased productivity upon return, etc.).
• Clarify Financial Arrangements: Be clear about your salary expectations (paid, partially paid, or unpaid).
• Set Clear Dates and Expectations: Establish concrete start and end dates and discuss your return plans.
• Be Open to Compromise: Be flexible and willing to negotiate.
• Communicate Transparently: Maintain open and honest communication with your employer.

Employment Status and Job Security

Employment Status During Sabbatical

During a sabbatical, your employment contract remains active, even though you may not be actively working. This means you are technically still an employee of the organisation, maintaining your association with the company.

Job Security

Sabbaticals are often viewed positively, demonstrating loyalty and commitment. They generally don't jeopardize your job security, and may even enhance it. Many organisations also offer structured reintegration plans for employees returning from sabbaticals, such as training sessions or project reassignments.

Benefits Treatment During Sabbatical

The extent to which benefits continue during a sabbatical depends largely on company policies and the terms of your employment contract.

• Health Insurance: Some employers continue to provide health insurance coverage during a sabbatical, while others may require employees to bear the costs during this period.
• Retirement Contributions: Contributions to retirement funds like CPF or employer-matched plans may be paused during an unpaid sabbatical.
• Other Benefits: Benefits such as access to wellness programs, employee discounts, or professional memberships may still be available.

Can Your Employer Reject Your Request?

Yes. Since sabbatical leave isn't legally mandated, employers can reject requests based on various factors, including:

• Operational Needs: Disruption to business operations.
• Financial Constraints: Cost of maintaining salary or hiring temporary replacements.
• Eligibility Criteria: Not meeting the company's tenure or performance requirements.
• Timing of the Request: Requesting leave during a critical business period.

Prepare a well-planned sabbatical leave to enhance your career and increase your value to the company.

While sabbatical leave is not a guaranteed right in Singapore, it stands out as a valuable benefit that some forward-thinking companies provide to support employee well-being, career growth, and personal development. Remember that sabbatical leave is not just a benefit for employees; it can also provide value to employers by reducing burnout and encouraging the return of refreshed, motivated, and more productive team members. With proper planning and mutual understanding, sabbatical leave can become a transformative experience for both your professional and personal life.

Retirement Age in Singapore: A Comprehensive Guide

Planning for retirement is crucial, and understanding the retirement landscape in Singapore is key to a secure future. This article clarifies the retirement age, re-employment age, CPF payouts, and other related aspects, addressing common questions and concerns.

Retirement Age and Re-employment Age: Key Differences

In Singapore, the retirement age and re-employment age are distinct concepts. The retirement age is the age at which an employer can legally request an employee to retire, while the re-employment age is the age until which employers must offer re-employment to eligible employees.

Current and Future Ages

• Retirement Age: Currently 63, increasing to 64 on July 1, 2026. It will be applicable to those born on or after 1 July 1963.
• Re-employment Age: Currently 68, the re-employment age will be raised to 69 years from 1 July 2026, which will apply to those born on or after 1 July 1958.

Employers cannot ask employees to retire before the statutory retirement age. However, they can terminate employment for reasons unrelated to age, such as poor performance or company restructuring. Eligible employees with satisfactory performance and good health are entitled to re-employment offers until they reach the re-employment age. This can be with the same employer, under adjusted terms, or with assistance finding alternative employment if necessary.

CPF Payouts and Retirement Benefits

The Central Provident Fund (CPF) is a mandatory savings scheme contributing to retirement, housing, and healthcare. Upon reaching retirement age, members can access their savings.

CPF Retirement Account (RA)

While your CPF Retirement Account (RA) is created at age 55, the CPF Board will transfer your CPF savings, up to your Retirement Sum (FRS), to create your Retirement Account (RA). The savings in your RA are meant to provide you with payouts in retirement. Your Special Account (SA) savings will be transferred first, followed by your Ordinary Account (OA) savings.

What are the retirement sums: Basic Retirement Sum (BRS), Full Retirement Sum (FRS), and Enhanced Retirement Sum (ERS)?

Estimated Monthly Payouts (2024 - 2027)

Note: These are estimates and may vary.

Other Retirement Benefits in Singapore

Working Beyond Retirement Age

Singapore encourages continued employment beyond the retirement age. Employers are required to offer re-employment to eligible employees until the re-employment age. Government initiatives, such as the Part-Time Re-employment Grant (PTRG) and Senior Employment Credit (SEC), support this.

1. Part-Time Re-employment Grant (PTRG)

The Part-Time Re-employment Grant (PTRG) is a Singapore government initiative designed to support employers in offering part-time re-employment options to eligible senior workers upon their request. Here's a breakdown of the scheme:

1. Purpose:
   • Encourages employers to create part-time re-employment opportunities for senior workers who prefer reduced workloads as they approach retirement age. This arrangement supports their transition while enabling them to remain in the workforce.
2. Eligibility and Funding:
   • Employers can receive $2,500 per senior worker (aged 60 and above) who is provided with part-time re-employment options.
   • Funding is capped at 50 senior workers per company, with a maximum grant of $125,000 per company.
   • To ensure sustained practices, companies must integrate these arrangements into their HR policies and employment contracts.
3. Impact:
   • The scheme has already benefitted over 19,000 senior workers and close to 2,000 employers since its launch in July 2020​ by Ministry of Manpower Singapore.

CPF Withdrawal Options

Singapore’s Central Provident Fund (CPF) provides retirees with two primary options to receive monthly payouts that ensure financial stability during retirement:

1. Retirement Sum Scheme (RSS)

• Overview:
  The RSS provides monthly payouts drawn from the savings in your Retirement Account (RA).
• Duration:
  The payouts continue until the RA savings are exhausted or until the retiree reaches the age of 90.
• Flexibility:
  This scheme is suited for individuals who prefer to withdraw their funds over a defined period rather than opting for lifelong payouts.

2. CPF LIFE (Lifelong Income for the Elderly)

• Overview:
  CPF LIFE is an annuity scheme that ensures retirees receive lifelong monthly payouts, regardless of how long they live.
• Plan Options:
  CPF LIFE offers three plans to cater to different needs:
  • CPF LIFE Basic Plan: Payouts continue until the retiree reaches age 90, with about 80-90% of their Retirement Account (RA) savings used to provide payouts.
  • CPF LIFE: Payouts continue for as long as the retiree lives. The monthly payouts are first paid from the CPF LIFE premiums, and then from the accumulated interest once the premiums are depleted.
  • Non-CPF LIFE: Payouts continue until the retiree's savings run out. Payouts can start at any time after age 65, or automatically at age 70 if the retiree doesn't choose to start earlier. 
• Advantages:
  Ensures retirees never run out of savings, providing peace of mind and long-term financial security.

For more details on CPF withdrawal options, visit the official CPF page.

Early Retirement Considerations

While CPF does not have a dedicated early retirement scheme, Singaporeans can achieve early retirement through strategic financial planning and the effective use of available resources.

1. Using CPF Savings

• You can withdraw funds from your Ordinary and Special Accounts after reaching 55 years old, provided you set aside the required Retirement Sum in your RA.
• Planning your withdrawals to balance immediate needs and future financial security is crucial.

2. Supplementary Income Sources

• Investments: Building a diversified investment portfolio can generate passive income during early retirement.
• Part-Time Work: Consider part-time or freelance opportunities to maintain cash flow while enjoying flexibility.

3. Government Support Schemes

• While there are no specific CPF provisions for early retirement, programs like the Silver Support Scheme and Workfare Income Supplement may offer financial assistance for low-income seniors who continue working part-time.

4. Personal Savings and Insurance

• Develop a disciplined savings habit early in your career.
• Explore private annuity plans or retirement-focused insurance products that provide additional monthly payouts.

For a comprehensive plan tailored to your circumstances, consult financial advisors and explore more insights on early retirement and CPF options via the CPF Board’s official resources page.

Taking proactive steps today to create a retirement plan that provides the financial confidence!

Planning for retirement is a journey that requires careful consideration of your financial resources, lifestyle aspirations, and long-term security. Retirement planning in Singapore involves understanding the interplay between retirement age, re-employment opportunities, CPF payouts, and various government support schemes. Careful planning and proactive engagement with these resources are crucial for a secure and comfortable retirement.

Planning a holiday in 2025? This comprehensive guide outlines all Singapore public holiday, addressing common questions about employee entitlements, compensation, and HR policy implications. For more information, you can also refer to the complete guide on public holidays.

Singapore Public Holiday 2025

Here's a complete list of Singapore's public holidays in 2025. There are 11 gazetted public holidays in Singapore. Check out more details about statutory holidays in Singapore:

* Subject to further confirmation.

** Monday, 9 June 2025, will be a public holiday if your rest day falls on 7 June 2025.

*** Monday, 11 August 2024, will be a public holiday if your rest day falls on 9 August 2025.

Understanding Public Holidays in Singapore

Public holidays in Singapore are legally recognized days off, impacting work schedules and business operations. They are carefully chosen to reflect Singapore's diverse cultural and religious landscape. Learn more about the leave policies in Singapore.

• Total Number: Singapore observes 11 public holidays annually.
• Holiday-in-Lieu: If a public holiday falls on a Sunday, the following Monday is a public holiday. Read about the public holiday in lieu policy.
• Impact on Work: Public holidays usually mean a day off for employees, with businesses adjusting operating hours accordingly.

Public Holiday Entitlements and Compensation

Employee Rights:

• Paid Leave: Employees in Singapore are generally entitled to paid leave on public holidays under the Employment Act. Exceptions include when it falls during approved unpaid leave or a non-working day, in which case the employee is entitled to a substitute day off or extra pay. To qualify for holiday pay, employees should not be absent without consent on a working day immediately before or after a holiday. Learn more about paid leave policies in Singapore.
  
• Working on Public Holidays: If required to work, employees receive an extra day's pay at their basic rate, in addition to their regular pay for that day. Alternatively, a mutually agreed-upon day off in lieu can be arranged.
• Part-Time Employees: Part-time employees are entitled to pro-rated public holiday pay based on their working hours, provided they've worked at least 14 days in the preceding 3 months. Learn more about part-time leave entitlements.
• Public Holidays on Weekends: For public holidays falling on Saturdays, employees are entitled to compensation – either a day off or salary in lieu.

Long Weekends in 2025: Planning Ahead

Several public holidays in 2025 allow you to plan out long weekends, offering opportunities for extended leave and strategic business planning. Employers can consider this while planning flexible working hours:

Chinese New Year 2025: Take 1 day of leave for 5-day long weekend

• Chinese New Year falls on: 29 - 30 Jan 2025 (Wednesday - Thurs)
• Public holiday: 29 - 30 Jan 2025 (Wednesday - Thursday)
• Apply for annual leave on: 31 Jan 2025 (Friday)
• 5-day long weekend: 29 Jan 2024 - 2 Feb 2025 (Wednesday - Sunday)

Hari Raya Puasa 2025: Take 1 day of leave for 4-day long weekend

• Hari Raya Puasa falls on: 31 Mar 2025 (Monday)
• Public holidays: 31 Mar 2025 (Monday)
• Apply for annual leave on: 28 Mar 2025 (Friday) or 1 Apr 2025 (Tuesday)
• 4-day long weekend: 28 - 31 Mar 2025 (Friday - Monday) or 29 Mar - 1 Apr 2025 (Saturday - Tuesday)

Good Friday 2025: Take 1 day of leave for 4-day long weekend

• Good Friday falls on: 18 Apr 2025 (Friday)
• Public holiday: 18 Apr 2025 (Friday)
• Apply for annual leave on: 17 Apr 2025 (Thursday) or 21 Apr 2025 (Monday)
• 4-day long weekend: 17 - 20 Apr 2025 (Thursday - Sunday) or 18 - 21 Apr 2025 (Friday - Monday)

Labour Day 2025: Take 1 day of leave for 4-day long weekend

• Labour Day falls on: 1 May 2025 (Thursday)
• Public holiday: 1 May 2025 (Thursday)
• Apply for annual leave on: 2 May 2025 (Friday)
• 4-day long weekend: 1 - 4 May 2025 (Thursday - Sunday)

Vesak Day 2025: Take 1 day of leave for 4-day long weekend

• Vesak Day falls on: 12 May 2025 (Monday)
• Public holiday: 12 May 2025 (Monday)
• Apply for annual leave on: 9 May 2025 (Friday) or 13 May 2025 (Tuesday)
• 4-day long weekend: 9 - 12 May 2025 (Friday - Monday) or 10 - 13 May 2025 (Saturday - Tuesday)

Hari Raya Haji 2025: Take 1 day of leave for 4-day long weekend

• Hari Raya Haji falls on: 7 Jun 2025 (Saturday)
• Public holiday: 7 Jun 2025 (Saturday)
• Public holidays in lieu: 9 Jun 2025 (Monday)*

• Apply for annual leave on: 6 Jun 2025 (Friday) or 10 Jun 2025 (Tuesday)
• 4-day long weekend: 6 - 9 Jun 2025 (Friday - Monday) or 7 - 10 Jun 2025 (Saturday - Tuesday)

*  If a public holiday falls on a weekday, Monday will be the off-in-lieu.

National Day 2025: Take 1 day of leave for 4-day long weekend

• National day falls on: 9 Aug 2025 (Saturday)
• Public holiday: 9 Aug 2025 (Saturday)
• Public holidays in lieu: 11 Aug 2025 (Monday)*

• Apply for annual leave on: 8 Aug 2025 (Friday) or 12 Aug 2025 (Tuesday)
• 4-day long weekend: 8 - 11 Aug 2025 (Friday - Monday) or 9 - 12 Aug 2025 (Saturday - Tuesday)

*  If a public holiday falls on a weekday, Monday will be the off-in-lieu.

Deepavali 2025: Take 1 day of leave for 4-day long weekend

• Deepavali falls on: 20 Oct 2025 (Monday)
• Public holiday: 20 Oct 2025 (Monday)
• Apply for annual leave on: 17 Oct 2025 (Friday) or 21 Oct 2025 (Tuesday)
• 4-day long weekend: 17 - 20 Oct 2025 (Friday - Monday) or 18 - 21 Oct 2025 (Saturday - Tuesday)

Christmas Day 2025: Take 1 day of leave for 4-day long weekend

• Christmas Day falls on: 25 Dec 2025 (Thursday)
• Public holiday: 25 Dec 2025 (Thursday)
• Apply for annual leave on: 26 Dec 2025 (Friday)
• 4-day long weekend: 25 - 28 Dec 2025 (Thursday - Sunday)

Public Holiday Pay Calculation in Singapore

Public holiday pay calculation is crucial for HR compliance, ensuring the employee receives their right and is fairly compensated when working during its day. Here's a simplified overview:

Below are the examples of public holiday pay calculations for an employee who worked on its day:

Example 1 (Full-time employee):

Dennis, a full-time employee, has a basic monthly salary of $3,000 and works 5 days per week. He works on 1 public holiday this month.

His public holiday pay = 12 x The monthly basic rate of pay x Public holiday worked on / 52 x Average number of days an employee works in a week

= 12 x $3,000 x 1 / 52 x 5

= $138.46

Example 2 (Part-time employee):

Sue, a part-time employee, works 15 hours per week for all 52 weeks, while a full-time employee in the same role works 40 hours per week. The full-time employee works 8 hours a day and is entitled to 11 public holidays per year.

The calculation would be as follows: (15 x 52 weeks / 40 x 52 weeks) x 11 x 8 = 33 hours

Sue would therefore be entitled to 33 hours of public holiday pay per year for all 11 public holidays.

Therefore, for every public holiday, Sue will be paid = 33 hours / 11 public holidays = 3 hours

Public Holiday in Lieu Vs. Public Holiday Pay

The employer and employee can mutually agree to substitute a public holiday for another working day.

What if the employee is not covered under Part IV of the Employment Act?

Part IV of the Employment Act does not cover workmen who earn a monthly basic salary of more than $4,500 or non-workmen who earn a monthly basic salary of more than $2,600. The terms and conditions of employment will therefore be according to your employee’s employment contract.

You can either grant your employee time off in lieu of working on a public holiday based on a mutually agreed number of hours or decide on one of the following:

• Pay an extra day’s salary at the basic rate of pay for one day’s work.
• For working for 4 hours or less on a holiday, grant time off in lieu of 4 hours on a working day.
• For working for more than 4 hours on a holiday, grant a full day off on a working day.

Employer Refuses to Give Public Holiday Pay

Conclusion

Careful planning and understanding of Singapore's public holidays are essential for both employers and employees. This guide provides a comprehensive overview to ensure compliance with the Employment Act and promote fair labor practices. Remember to consult the Ministry of Manpower (MOM) website for the most up-to-date information and detailed guidelines.

Maternity Leave Entitlement in Singapore: A Comprehensive Guide

Navigating maternity leave can be challenging, especially when understanding the specific regulations and benefits available. This comprehensive guide provides a detailed overview of maternity leave in Singapore, addressing common questions and concerns for both employees and the self-employed.

Maternity Leave Entitlement and Benefits

In Singapore, eligible working mothers are entitled to 12-16 weeks of Government-Paid Maternity Leave (GPML) depending on them fulfilling certain criteria.

To qualify for the full 16 weeks of maternity leave, employees must meet the following conditions:

1. The employee must have completed at least 3 continuous months of service in the company before her child's birth.
2. Her child must be a Singapore citizen.
3. The child must be born or have an estimated delivery date (EDD) on or after 1 January 2017.

Notes:

1. If the employee hasn't worked at the company for at least 3 months, she will only be eligible for 12 weeks of unpaid maternity leave.
2. If the child is not a Singapore citizen, the employee will only be eligible for 12 weeks of maternity leave. 
3. If the employee is not lawfully married to the child's father, she will still be eligible for 16 weeks of maternity leave. 

For clarity, you may check MOM’s official website to determine the employee’s eligibility and entitlement for maternity leave.

Payment Structure

The employer will pay the employee during the leave period. Further, employers can claim reimbursement from the government in accordance with the Government-Paid Maternity Leave (GPML) scheme:

Eligibility Criteria

• The child must be a Singapore citizen at birth or obtain citizenship within 12 months.
• Employees must have a continuous employment period of at least three months before the child's birth.
• Self-employed individuals must work continuously in their business for at least 3 months before the child's birth and must experience income loss during the leave period.

Additional Benefits and Protections

• Employment protection: It's unlawful for employers to dismiss employees on maternity leave.
• Childcare leave: 6 days of paid childcare leave per year for children under 7 (3 days employer-paid, 3 days government-reimbursed).
• Shared Parental Leave (SPL): Starting April 1, 2025, up to 10 weeks of additional paid leave (paid by the government up to $2,500 per week) can be shared between parents.

Notice Period

In Singapore, employees must give their employer at least 1 week notice before going on maternity leave to ensure smooth transition and maintain operational needs.

Understanding Government-Paid vs. Company-Paid Maternity Leave

The key difference lies in eligibility, duration, and payment/reimbursement:

Government-Paid Maternity Leave (GPML)

• Eligibility: Child is a Singapore citizen, and the employee has worked for at least 3 months.
• Duration: 16 weeks.
• Payment: Employer pays, then claims reimbursement from the government.

Company-Paid Maternity Leave

• Eligibility: Does not meet GPML criteria (e.g., employee has not worked for at least 3 months).
• Duration: Typically 12 weeks (often unpaid maternity leave).
• Payment: Employer has no obligation to pay; no government reimbursement.

Minimum Employment Period and Employment Protection

To qualify for GPML, employees and self-employed individuals must complete a continuous 3-month employment period before the child's birth. Importantly, employers are legally forbidden from dismissing employees solely for taking maternity leave.

Applying for Maternity Leave: Process and Required Documents

To apply for maternity leave, you must:

For employees:

• Notify your employer at least one week before starting maternity leave.

• Submit the complete form and supporting documents (child's birth certificate, proof of employment, and proof of Singapore citizenship) to the employer.

• Submit the declaration form (GPML1) to your employer with necessary documents at least one week before starting your Government-Paid Maternity Leave (GPML), or within one month from your child’s birth.

• Follow your employer’s leave application process.

For self-employed:

• Keep a record of your GPML dates

• Submit the complete form and supporting documents (child's birth certificate, proof of employment, and proof of Singapore citizenship) to the employer.
• Submit your claim online via the Government-Paid Leave (GPL) Portal after starting the government-paid portion of your GPML
• Submissions should be made no later than 3 months after the last day of your GPML.

For employers:

• Obtain and verify the declaration form (GPML1) from your employee

• Keep the declaration form or records for five years from the last GPML date

• Submit your claim for reimbursement online via the GPL Portal after your employee has taken the government-paid portion of GPML

• Claims should be made within 3 months after the last day of the employee’s GPML

Maternity Leave Entitlement for Foreign Workers

Foreign workers on work permits or employment passes are eligible for maternity leave. Foreigners are entitled to 12 weeks of maternity leave if they are covered by the Employment Act and have served the employer for at least 3 months.

They also qualify for 16 weeks of Government-Paid Maternity Leave if their child is a Singapore citizen and they are lawfully married to the child’s father.

Addressing Specific Scenarios

What happened to a working mother who experienced miscarriage?

Unfortunately, maternity leave isn't applicable for miscarriages. However, employees can use sick or medical leave as the replacement of maternity leave.

Do the maternity leave dates are flexible?

Yes, the employee has the maternity leave either in one block or spread out over 12 months.

If the maternity leave is to be taken in parts based on mutual agreement with the employer,

• the first 8 weeks must be taken in one continuous stretch and
• the last 8 weeks can be taken flexibly over 12 months from the child’s birth.

Can an employee have extended maternity leave?

The standard 16 weeks cannot be extended, but the upcoming SPL scheme provides additional shared parental leave.

Can the employer refuse to grant maternity leave entitlement?

Refusal is a violation of labor laws, please contact the Ministry of Manpower (MOM) immediately if refusal to grant maternity leave happens.

Conclusion

Singapore's maternity leave entitlement policies aim to support working mothers. By understanding the regulations, benefits, and application process, mothers can better navigate this important period in their lives. Remember to always consult official government resources and seek legal advice if needed.

Disclaimer: This article provides general information and should not be considered legal advice. Always refer to the latest official guidelines from the Ministry of Manpower (MOM) for the most up-to-date information.

Paternity Leave in Singapore: A Comprehensive Guide for Fathers

Becoming a father is a joyous occasion, but it also brings significant responsibilities. In Singapore, the government recognizes the importance of fathers' involvement in childcare and has implemented a Government-Paid Paternity Leave (GPPL) policy to support working fathers. This guide provides a comprehensive overview of Singapore's paternity leave, addressing common questions and concerns.

What is Paternity Leave and Who is Eligible?

Government-Paid Paternity Leave (GPPL) in Singapore supports working fathers in caring for their newborn or newly adopted children. Eligibility hinges on several factors:

Eligibility Criteria:

Child's Citizenship

• The child must be a Singapore citizen at birth, or obtain citizenship within 12 months of birth.

For children born to at least one Singaporean citizen parent, eligibility for Singaporean citizenship by descent applies regardless of the child's birthplace. Since May 15, 2004, children born overseas to a Singaporean mother can inherit citizenship by descent, a privilege previously exclusive to children of Singaporean fathers. The application for citizenship by descent should ideally be submitted within 12 months of birth, but delayed submissions are possible with an explanation for the delay.

Marital Status

• Fathers must be or have been lawfully married to the child's mother between conception and birth, or within 12 months after birth.

Employment Requirements

• Employees: Served the employer for at least 3 continuous months before the child's birth.
• Self-Employed: Engaged in a trade/business/profession for at least 3 continuous months before the birth and experienced income loss during leave.

Additional Considerations

• Adoptive Fathers: Eligible if they meet criteria, including a Formal Intent to Adopt (FIA) on or after January 1, 2017, and the child is a Singapore citizen or meets citizenship requirements.
• Stillbirths: Fathers may be eligible if they meet specified criteria, including a certified Notification of Stillbirth or stillbirth certificate.

Reimbursement:

The government reimburses Paternity Leave to employers up to $2,500 per week, capped at $10,000 total (including CPF contributions).

How Many Days/Weeks of Paternity Leave Am I Entitled To?

The duration of paternity leave in Singapore is evolving. Here's a breakdown of the current and upcoming policies:

Current Policy (Until 31 March 2025)

• Currently, take active from 1 January 2017, eligible working fathers, including those who are self-employed, are entitled to 2 weeks of paid paternity leave funded by the government.
• Government-paid Paternity Leave (GPPL) will be doubled from 2 to 4 weeks for eligible fathers of children born from 1 January 2024 onwards. Employers can grant the additional 2 weeks of GPPL on a voluntary basis, which will be reimbursed by the government.

Upcoming Policy (From 1 April 2025)

• From 1 April 2025, the additional 2 weeks of voluntary GPPL will be mandatory. Eligible working fathers with Singapore citizen children born on or after 1 April 2025 will be entitled to 4 weeks of GPPL.

Curious about the Paternity Leave reimbursement amount? Estimate it right here!

What Documents Do I Need to Apply?

Applying for GPPL requires several documents, depending on your situation:

For Natural Fathers:

• Child's birth certificate(s)
• Notification of Stillbirth/Certificate of Registration of Stillbirth (if applicable)
• Child's Singapore citizenship certificate (if applicable)
• Marriage certificate

For Adoptive Fathers:

• Child's birth certificate(s)
• Formal Intent to Adopt (FIA) date is on and after 1 Jan 2017.
• Dependant's Pass/approved application (for non-Singapore citizen children)

Find out more documents needed to apply Paternity Leave on the official Government-Paid Leave portal.

Can I Take My Paternity Leave Flexibly?

Yes, Paternity Leave can be taken flexibly, subject to mutual agreement with your employer. While a continuous block is an option, you can take the leave in separate days. If no agreement is reached, the default is a continuous block within 16 weeks after the child's birth. Take a look on the table below to arrange your

Curious about the reimbursement amount? Estimate it right here!

Will I Receive My Full Salary During Paternity Leave?

You will receive your usual salary during GPPL. Your employer pays you, and the government reimburses the employer (capped at $2,500 per week, including CPF contributions).

What Happens If My Employer Refuses to Grant Me Paternity Leave?

Refusal without reasonable cause is a violation of the law. Employers face penalties fined up to $5,000 and/or jailed up to 6 months. These penalties increase to fines of up to $10,000 and jail terms of up to 12 months for repeat offenders.

Do I Still Qualify If My Child Is Not Born in Singapore?

The child's citizenship, not birth location, determines eligibility. Your child must be a Singapore citizen at birth or become one within 12 months. Other eligibility criteria (marital status, employment duration) also apply.

What is the Deadline for Using My Paternity Leave?

GPPL must be taken within 16 weeks after the birth of the child. It can be taken continuously within 16 weeks after birth or non-continuously within the first year, with employer agreement.

Can I Share My Wife's Maternity Leave Instead?

From 1 April 2025, the current shared parental leave scheme will cease and be replaced with a new scheme. The new scheme comprises 10 weeks of paid parental leave, shared between both parents. It will be implemented in two phases:

• From 1 April 2025: 6 weeks of shared parental leave
• From 1 April 2026: 10 weeks of shared parental leave

The 10 weeks of leave is provided on top of GPML and GPPL entitlements.

What If I'm Self-Employed?

Self-employed individuals are eligible for GPPL if they meet these conditions: at least working 3 months in company before the birth, income loss during the leave period, and other eligibility criteria (child's citizenship, marital status). Claims are submitted online via the Government-Paid Leave (GPL) Portal within 3 months of the leave period.

Conclusion

Singapore's paternity leave policy is designed to support fathers in their parental roles. Understanding the eligibility criteria, documentation requirements, and leave arrangements is crucial for ensuring a smooth process. If you encounter any difficulties, don't hesitate to contact the Ministry of Manpower (MOM) for assistance.