SINGAPORE: A local worker was left confused after her company’s HR department informed her that her notice period would be extended because she took medical leave partway through it.
Sharing her experience on the r/askSingapore forum, the employee said the HR sent her a screenshot of a clause in her employment contract to justify the decision. The clause states:
“You shall not be entitled to any annual leave during your notice period. If any medical leave is taken during your notice period, your notice period shall be consequently extended by the number of days of medical leave taken until proper handover of all works in progress undertaken by you.”
Unsure whether this was legally enforceable, the worker turned to the online community for advice.
“I have specifically mentioned my last day in the letter already, can my employer extend my notice when I take MC? Does that supersede the employment act?
“Under the employment act, my employer is not allowed to extend notice period even when I take MC or annual leave. The notice period is 2 months and I already plan on doing a proper handover, my MC is only 2 days, I don’t think this would affect the overall handover no?”
She added that she was especially anxious, as she had already informed her next employer of her final day at her current job, and any change could potentially affect her new employment.
“Any valid MC is counted as part of the notice period.”
Numerous users in the comments defended the worker and claimed HR was wrong in this case.
One said, “Tell your soon-to-be ex-employer, the Ministry of Manpower (MOM) says otherwise.”
Another wrote, “As someone who worked in HR, no. An employer cannot extend your contractual notice period. Any valid MC is counted as part of the notice period.”
A third remarked, “Can, if they want to appear on the news for getting fined by MOM.”
Meanwhile, a fourth commenter urged the employee to protect herself by keeping evidence of the exchange. “Nice. Your HR is stupid enough to send you black and white. Please screenshot and keep a copy,” they said.
“Also, send an official email to HR and attach all documents. Say, ‘I was notified that I was not allowed to take MC’, seems to contradict with MOM guidelines, ‘have also informed my last day officially and will leave on my last day regardless. Let me know if you have any comments. I’m open to discussing with MOM and TAFEP.”
As stated by the Ministry of Manpower (MOM), employers are prohibited from extending the notice period. Any sick leave taken during an employee’s notice period is considered part of that period.
This regulation applies to employees protected under the Employment Act.
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