Understanding Compensation Leave in Singapore
Compensation leave in Singapore isn't a single, easily defined concept. It encompasses several situations, primarily relating to pay or time off for working on rest days or public holidays, and separately, compassionate leave for bereavement.
Compensation for Working on Rest Days and Public Holidays
The Employment Act governs compensation for working on rest days and public holidays.
The Employment Act, specifically Part IV, governs compensation for working on rest days and public holidays. However, it excludes managers and executives, and does not apply to employees earning above certain salary caps or in excluded categories like seafarers, domestic workers, statutory board employees, and civil servants. Their compensation is determined by employment contracts or other regulations.
The amount of compensation isn't expressed as a fixed number of "compensation leave days," but rather as additional pay or a day off in lieu.
Working on a Rest Day
- At your own request: You receive pay for the hours worked. Up to half your normal hours earns you pay for half a day; more than half but not exceeding your normal hours earns you pay for a full day.
- Required by your employer: Up to half your normal hours earns you one day's pay; more than half but not exceeding your normal hours earns you two days' pay.
Working on a Public Holiday
If required to work on a public holiday, you're entitled to:
- An extra day's salary at your basic rate, in addition to your regular pay for that day.
- A day off in lieu, by mutual agreement with your employer.
Compensatory Leave vs. Pay
For employees not covered under Part IV of the Employment Act, compensatory leave might be offered instead of extra pay for working on public holidays or rest days. However, for those covered under Part IV, compensatory leave cannot replace the additional pay mandated by the Act.
Compassionate Leave (Bereavement Leave) in Singapore
In Singapore, "compassionate leave" or "bereavement leave" refers to time off granted to grieve after the death of an immediate family member. Unlike rest day or public holiday compensation, this is not a statutory requirement.
Key Points on Compassionate Leave:
- Not legally mandated: The Ministry of Manpower doesn't specify a minimum number of paid bereavement days.
- Employer's discretion: The provision of compassionate leave is entirely at the employer's discretion, typically outlined in employment contracts or company policies.
- Common Practices: Most companies offer 2-5 days of paid compassionate leave, but this can vary.
- Covered Family Members: Usually includes spouses, children, parents, grandparents, and siblings; may extend to in-laws or other close relatives.
- Paid vs. Unpaid: Paid leave is common, but some companies may offer unpaid leave or allow use of annual leave.
- Benefits: Offers significant employee well-being benefits, boosts loyalty and retention, and ultimately maintains productivity.
Frequently Asked Questions (FAQs)
Can my employer reject my compensation leave request?
This depends on your employment status and company policy. For those under Part IV of the Employment Act, compensatory leave doesn't apply; you're entitled to overtime pay. For others, rejection is possible if it clashes with company policy or significantly impacts workload, but the decision must be fair and reasonable.
Is compensation leave calculated differently for shift workers?
Yes. Shift workers required to work on their designated rest days are entitled to double their hourly basic rate, plus regular pay for that day.
If a shift worker is required to work on their designated rest day at the employer's request, they are entitled to double their daily pay rate. Additionally, if the hours worked exceed their normal working hours, they are eligible for overtime pay at 1.5 times the hourly basic rate.
Overtime on rest days or public holidays adds 1.5 times their hourly basic rate for overtime hours, plus the additional day's pay.
Can compensation leave be carried forward to the next year?
For employees under Part IV of the Employment Act, no. For others, it's at the employer's discretion, based on the employment contract or company policy.
What happens to my unused compensation leave if I resign?
Generally, you can either use your remaining leave or be paid for it, by mutual agreement with your employer. The calculation is based on your most recent gross pay. However, termination for misconduct typically forfeits unused leave.
Do part-time employees get compensation leave?
Part-time employees under Part IV of the Employment Act are entitled to overtime pay, not compensatory leave. For others, it depends on their contract or company policy.
How long do I have to take my compensation leave before it expires?
Annual leave, sick leave, and childcare leave generally expire if unused within 12 months. Compensatory leave usually has a reasonable timeframe determined by employer and employee agreement.
Disclaimer: This information is for guidance only and does not constitute legal advice. Always refer to your employment contract and the Employment Act for definitive information.
