Leave Application Guide for Malaysian Employers Hiring Staff in Singapore

When hiring employees to work in Singapore whether they are Malaysians or Singaporeans, understanding Singapore’s leave regulations under the Employment Act 1968 is essential.

The Employment Act (EA) is the main legislation that governs employment terms in Singapore, including leave entitlements, working hours, overtime, and employee rights.

According to the EA, Sections 88 to 96 cover all major statutory leave entitlements applicable to employees working under a contract of service, including:

Full-time employees
Part-time employees
Term contract employees
Shift and roster-based workers

The Act covers all employees, regardless of nationality, except domestic workers, seafarers, and public officers (who have separate laws).

This means Malaysian employers operating in Singapore must follow Singapore’s minimum statutory leave rules, even if their internal policies differ from Malaysian standards.

Singapore Statutory Leave Types

Annual Leave

(Employment Act Section 88)

Employees who have completed at least 3 months of service are entitled to paid annual leave.

Minimum entitlement: 7 to 14 days per year

Starts at 7 days for the first year of service
Increases by 1 day each year, capped at 14 days

Part-time employees receive leave pro-rated based on working hours.

Sick Leave & Hospitalisation Leave

(Employment Act Sections 89 & 89A)

Employees who have worked 3 months or more are entitled to paid sick leave, certified by a Singapore-registered doctor.

Paid Outpatient Sick Leave:

Up to 14 days per year

Paid Hospitalisation Leave:

Up to 60 days per year (inclusive of the 14 outpatient days)

If the employee has less than 6 months of service, entitlements are prorated.

Public Holidays

(Employment Act Section 88A)

All employees are entitled to 11 paid public holidays each year.

If an employee is required to work on a public holiday, employers must provide either:

An extra day’s salary OR
A substitute holiday

Maternity Leave

(Child Development Co-Savings Act (CDCA), Not EA)

Applies to Singapore Citizen children only.

Statutory Maternity Leave:

16 weeks (for eligible employees)

If the child is not a Singapore Citizen, the Employment Act applies:

12 weeks of maternity leave

Paternity Leave

(CDCA)

For eligible fathers of Singapore Citizen children.

Entitlement:

2 weeks of government-paid paternity leave

Childcare Leave

(CDCA & EA Section 88)

For employees with Singapore Citizen children below 7 years old.

Entitlement:

6 days per year (first 3 years paid by employer, next 3 by government)

For non-citizen children:

2 days per year under the Employment Act

Adoption Leave

(CDCA)

Only for adoption of Singapore Citizen children.

Entitlement:

12 weeks of government-paid adoption leave

Shared Parental Leave

(CDCA)

Eligible fathers may share up to 4 weeks of the mother’s maternity leave.

Unpaid Infant Care Leave

(EA Section 96)

For parents with Singapore Citizen children under 2 years old.

Entitlement:

6 days of unpaid infant care leave

Key Reminders for Malaysian Employers

Singapore Leave Laws Apply Regardless of Nationality

Even if your employee is Malaysian, if they work in Singapore, Singapore EA applies.

Leave Must Be Applied in Writing

Employees must submit leave applications following the company’s internal SOP, but approvals must still respect EA minimums.

Cannot Offer Less Than the EA Minimum

You may offer more (e.g., 18 days annual leave), but never less.

MOM Can Penalise Employers for Non-Compliance

Penalties may include:

Fines
Back-pay requirements
Suspension of work passes for foreign employees
Ban from hiring

FAQ

How many days of annual leave are employees entitled to in Singapore?

Employees are entitled to 7 to 14 days of paid annual leave, depending on years of service, under Section 88 of the Employment Act. The entitlement increases by 1 day each year.

Do Malaysians working in Singapore get the same leave as Singaporeans?

Yes. All employees working in Singapore, Malaysians or Singaporeans receive the same leave entitlements under the Employment Act. Nationality does not affect leave benefits.

When can a new employee start using their annual leave?

An employee can start using annual leave after completing 3 months of service. Before 3 months, they are not yet eligible.

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