On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/05/2013.
PART X
HOLIDAY AND SICK LEAVE ENTITLEMENTS
88.
—(1) Every employee shall be entitled to a paid holiday at his gross rate of pay on such of the days specified in the Schedule to the Holidays Act (Cap. 126) as fall during the time that he is employed, subject to the following:
(a)
by agreement between the employer and the employee any other day or days may be substituted for any one or more of the days specified in that Schedule;
(b)
if any of the days specified in that Schedule falls on a rest day, the working day next following that rest day shall be a paid holiday; and
(c)
if any of the days specified in that Schedule falls on a day when the employee is not required to work under his contract of service, the employer may either pay the employee for that holiday at his gross rate of pay or give the employee a day off in substitution for that holiday.
[32/2008]
(2) Notwithstanding subsection (1), no employee shall be entitled to holiday pay for any holiday which falls on a day when the employee is on leave of absence without pay granted by the employer at the request of the employee.
[32/2008]
(3) An employee who absents himself from work on the working day immediately preceding or immediately succeeding a holiday or any day substituted therefor under subsection (1) without the prior consent of his employer or without reasonable excuse shall not be entitled to any holiday pay for that holiday.
[32/2008]
(4) Notwithstanding subsection (1), any employee may be required by his employer to work on any holiday to which he would otherwise be entitled under that subsection and, in such event, he shall be paid an extra day’s salary at the basic rate of pay for one day’s work in addition to the gross rate of pay for that day and to a travelling allowance, if payable to him under the terms of his agreement with his employer, for one day.
[32/2008]
(5) No employee shall, by reason of subsection (4), receive double any housing allowance or food allowance.
[32/2008]
(6) Subsection (4) shall not apply to an employee who is employed by the Government or a statutory body in any of the essential services as defined under Part III of the Criminal Law (Temporary Provisions) Act (Cap. 67), but —
(a)
any such employee may, notwithstanding subsection (1), be required by his employer to work on a holiday or part thereof to which he would otherwise be entitled under that subsection; and
(b)
in any such case, he shall be given a day or part of a day off, as the case may be, in substitution for the holiday or part thereof.
[32/2008]
(7) For the purposes of this section if any such holiday falls on a half working day, the gross or basic rate of pay payable shall be that of a full working day.
[32/2008]
89.
—(1) Any employee who has served an employer for a period of not less than 6 months shall, after examination at the expense of the employer by a medical practitioner appointed by the employer or a medical officer, be entitled to such paid sick leave, as may be certified by the medical practitioner or medical officer, not exceeding in the aggregate —
(a)
if no hospitalisation is necessary, 14 days in each year; or
(b)
if hospitalisation is necessary, the lesser of the following:
(i)
60 days in each year;
(ii)
the aggregate of 14 days plus the number of days on which he is hospitalised.
[32/2008]
(2) Any employee who has served an employer for a period of at least 3 months but less than 6 months shall, after examination at the expense of the employer by a medical practitioner appointed by the employer or a medical officer, be entitled to such paid sick leave, as may be certified by the medical practitioner or medical officer, not exceeding in the aggregate —
(a)
where the employee has served the employer for a period of at least 3 months but less than 4 months —
(i)
if no hospitalisation is necessary, 5 days in each year; or
(ii)
if hospitalisation is necessary, the lesser of the following:
(A)
15 days in each year;
(B)
the aggregate of 5 days plus the number of days on which he is hospitalised;
(b)
where the employee has served the employer for a period of at least 4 months but less than 5 months —
(i)
if no hospitalisation is necessary, 8 days in each year; or
(ii)
if hospitalisation is necessary, the lesser of the following:
(A)
30 days in each year;
(B)
the aggregate of 8 days plus the number of days on which he is hospitalised; or
(c)
where the employee has served the employer for a period of at least 5 months but less than 6 months —
(i)
if no hospitalisation is necessary, 11 days in each year; or
(ii)
if hospitalisation is necessary, the lesser of the following:
(A)
45 days in each year;
(B)
the aggregate of 11 days plus the number of days on which he is hospitalised.
[32/2008]
(3) If an employee is certified by a medical practitioner appointed by the employer or a medical officer to be ill enough to need to be hospitalised but is not hospitalised for any reason whatsoever, the employee shall be deemed to be hospitalised for the purposes of this section.
[32/2008]
(4) An employee who absents himself on sick leave —
(a)
which is not certified by a medical practitioner appointed by the employer or a medical officer; or
(b)
which is certified by a medical officer, but without informing or attempting to inform his employer of such sick leave within 48 hours of the commencement thereof,
shall be deemed to have absented himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
[32/2008]
(5) The employer shall pay the employee for every day of such sick leave —
(a)
where no hospitalisation is necessary, at the gross rate of pay excluding any allowance payable in respect of shift work; and
(b)
where hospitalisation is necessary, at the gross rate of pay.
[32/2008]
(6) Notwithstanding subsection (5), no employee shall be entitled to paid sick leave on a rest day or on a holiday to which he is entitled under section 36 or 88 respectively or on any day of paid annual leave or on a day when he is not required to work under his contract of service or on a day when he is on leave of absence without pay granted by the employer at his request.
[32/2008]
(7) No employee shall be entitled to paid sick leave for the period during which he is receiving or is entitled to receive compensation for temporary incapacity under paragraph 4 of the Third Schedule to the Work Injury Compensation Act (Cap. 354).
[32/2008]
(8) For the purposes of subsections (1) and (2), an employer shall be deemed to fulfil the obligation imposed by those subsections to bear the fees of any medical examination of his employees if —
(a)
the Commissioner, after considering the merits of any healthcare scheme that the employer provides to his employees and such other matters as the Commissioner may consider relevant, by order in writing directs that the employer fulfils that obligation for so long as he provides such a healthcare scheme for his employees; or
(b)
the employer complies with such other requirement as the Minister may, by regulations, prescribe.
[32/2008]
(9) An order made under subsection (8)(a) —
(a)
may be subject to such terms or conditions as the Commissioner may determine, which the Commissioner may from time to time add to, vary or revoke;
(b)
need not be published in the Gazette; and
(c)
may be revoked by the Commissioner in writing at any time.
[32/2008]
90.
—(1) Any employer who employs any person as an employee contrary to the provisions of this Part or fails to pay any salary in accordance with the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and for a second or subsequent offence to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Notwithstanding subsection (1) —
(a)
an employer and his employees or a trade union representing his employees may negotiate for and agree to terms of service relating to leave more favourable than those contained in section 89; and
(b)
it shall not be an offence for an employer to grant to his employees terms of service relating to leave more favourable than those contained in section 89.