Who has to pay for medical leave if your employee has two jobs?
Working two jobs is not easy and it is not easy for the employer either. As more employers adopt flexible work arrangements and part-time arrangements, more employees are likely to hold more than one job.
Although working two jobs may be a personal choice of the employee, employers still have certain legal obligations to fulfill. This includes sick leave entitlements.
Read also : Part-Time Employment Regulations: 10 Things to Know When Hiring a Part-Time Employee
Working two or more jobs may not be a personal choice
Working more than one job is legal for some employees. However, foreign employees with a work permit, such as those working here with a Work Permit, S Pass and Employment Pass (EP) must only work for their designated employer and cannot engage in any other occupation. to earn extra income in Singapore.
In cases where the employment contract prohibits additional employment, the employee no longer has the personal choice to exercise two (or more) jobs.
In cases where such a clause is not included in their contract, employees must also ensure that they act in good faith and honestly. As such, they must refrain from the “grey zone” of working for competing or even complementary companies in order to avoid possible conflicts of interest. Of course, employees shouldn’t deploy resources such as their working hours or their technology to perform work for another company.
Read also : Is it legal for an employee to have two jobs (with two CPF contributions)?
Employer pays if it is designated workday
In accordance with sick leave rights for part-time workers, the employer pays for sick leave if it is a working day. The employee must also have completed at least 3 months of service and is covered by the employment law.
For example, an employee works for employer A on Monday, Tuesday and Wednesday and employer B on Thursday, Friday and Saturday. If he takes sick leave from Wednesday to Friday, employer A only has to pay his sick leave on Wednesday while employer B pays sick leave on Thursday and Friday.
If it is a day of rest, a day off or a public holiday, employers do not have to pay for sick leave.
What if the employee works for both employers on the same day?
However, it is also possible for an employee to work for both employers on the same day when taking paid sick leave.
When an employee works for Employer A in the morning and then for Employer B in the afternoon, both employers are required to provide sick leave and medical benefits, according to TAFEP.
However, employers only have to pay for one day of pro-rated sick leave.
To find out how to calculate sick leave pro-rata, you can refer to our article How to calculate annual leave and sick leave entitlements for part-time workers.
Employers must pay medical reimbursement
According to the law on employment, the employer must pay the costs of medical consultation if the employee has worked at least 3 months and the medical consultation results in at least one day of paid work stoppage and results from a medical certificate issued by a doctor from a public medical institution or is appointed by the company.
However, neither MOM nor TAFEP has dictated which employer should pay the medical reimbursement. According to the principle of sick leave rights, on days when the employee only works for one employer, the employer of the day pays for medical reimbursement. However, this may be less straightforward when the employee works for more than one employer on the same day.
What if the employee is injured on the job?
In addition to sick leave and reimbursement of medical expenses, a relevant concern for employers may be workers’ compensation and compensation.
If the employee is injured while working with the second employer (Employer B), Employer B is liable for workers’ compensation.
As the injury occurred in the course of employment, whatever employer the employee is working for at the time would be liable for workers’ compensation.
Read also : Workers’ Compensation Act (WICA): What Employers Need to Know
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