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Hospitalization Leave - seeking treatment abroad

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AndrzejSakowicz
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Hospitalization Leave - seeking treatment abroad

Post by AndrzejSakowicz » Mon, 01 May 2023 9:04 pm

Hello
I am writing to seek your legal advice regarding a recent issue I have been facing with my employer.
I am a foreign worker on employment pass in SG and I received a medical certification from my doctor in Singapore that after several month of treating me, he is unable to continue my treatment with antibiotic medication and that I required surgery requesting my employer to grant my Hospitalization Leave. However since my insurance provided by employer hardly covers visits to a regular physician I am unable to proceed with surgery in SG and I decided to proceed with surgery in my home country at my own expense. I have 2 main question I am hoping someone will know the answer for.
1. Does my employer has a right to refuse my hospitalization leave based on the fact that I will be taking my surgery abroad, even though this is confirmed by a doctor in SG?
2. Does my employer has a right to terminate my contract based on the fact that when I submitted my MC he came to conclusion I am now unable to work?

I would appreciate your reply on this. thanks

x9200
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Re: Hospitalization Leave - seeking treatment abroad

Post by x9200 » Tue, 02 May 2023 1:58 pm

AndrzejSakowicz wrote:
Mon, 01 May 2023 9:04 pm
Hello
I am writing to seek your legal advice regarding a recent issue I have been facing with my employer.
I am a foreign worker on employment pass in SG and I received a medical certification from my doctor in Singapore that after several month of treating me, he is unable to continue my treatment with antibiotic medication and that I required surgery requesting my employer to grant my Hospitalization Leave. However since my insurance provided by employer hardly covers visits to a regular physician I am unable to proceed with surgery in SG and I decided to proceed with surgery in my home country at my own expense. I have 2 main question I am hoping someone will know the answer for.
1. Does my employer has a right to refuse my hospitalization leave based on the fact that I will be taking my surgery abroad, even though this is confirmed by a doctor in SG?
2. Does my employer has a right to terminate my contract based on the fact that when I submitted my MC he came to conclusion I am now unable to work?

I would appreciate your reply on this. thanks
MC in principle is to cover time when you are not able to work and the reason is medical. So it's a bit strange.

But trying to answer your questions, assuming you are covered by the Employment Act, your employer needs to grant you sick and hospitalization leave but I believe it is only for Singapore approved doctors/clinics/hospitals.
Take a look in here: https://www.mom.gov.sg/employment-pract ... sick-leave
So if the employer does not accept your choice of hospital I am afraid you would need to stick to your paid leave.
If you are not covered by the Employment Act all, including the said leaves should be regulated by your contract.

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