FREQUENTLY ASKED QUESTIONS: EMPLOYER MEDICAL OBLIGATIONS FOR FOREIGN WORKERS S PASS HOLDERS

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1 FREQUENTLY ASKED QUESTIONS: EMPLOYER MEDICAL OBLIGATIONS FOR FOREIGN WORKERS S PASS HOLDERS (I) Q1 A1 Medical Obligations under Employment of Foreign Manpower Act What are the medical obligations of employers of S Pass holders under Singapore law? There are three main laws regulating medical obligations which employers of S Pass holders must abide by. Any private contractual agreement between employer and employee, company rulebook or employee terms cannot override statutory obligations. First, under the Employment of Foreign Manpower (Work Passes) Regulations, employers are responsible for the costs of providing medical treatment (both inpatient and outpatient) for their foreign workers, regardless of whether the conditions are work-related. Employers are required to: (i) Purchase mandatory medical insurance of at least $15,000 per foreign worker. This provides basic cover for hospitalisation expenses, including non-work related injuries or illnesses; and (ii) Bear the cost of medical expenses in excess of, or not covered by medical insurance or work injury compensation. Second, a worker may file a claim under the Work Injury Compensation Act (WICA) if he is injured in a work accident or suffers a disease due to work. Under WICA, his employer is responsible to pay for work injury compensation benefits, including paying medical leave wages and bearing the cost of medical expenses, up to the limits stipulated under WICA. To help employers manage the potential costs, employers of manual workers (regardless of salary level) and non-manual workers earning $1,600 or less a month must purchase Work Injury Compensation (WIC) Insurance. For other workers, employers can choose to bear the risk themselves. Employers are strongly encouraged to purchase WIC insurance for all their workers to reduce their exposure to risk. Lastly, employers of foreign workers covered under the Employment Act are required to provide paid sick leave, including dental leave, if the sick leave is certified by the company s doctor or by a government doctor (including doctors from approved public medical institutions). The amount of paid sick leave an employee is entitled to under the Employment Act varies according to the length of time served with the employer. Q2 A2 What is the rationale for making employers provide and bear the cost of medical treatment for their S Pass workers? As employers of foreign workers directly benefit from hiring these workers in the short-term, they should bear all the costs associated with the upkeep and maintenance of their employees, including any medical treatment that is deemed by a medical or dental professional as necessary for the health of

2 their S Pass workers. This requirement is stated clearly when employers apply for work passes. This ensures that the bills of foreign workers do not remain unpaid and instead get passed on to our tax-payers, which would be unfair to society at large. Q3 A3 Q4 A4 Is the employer s liability limited to the medical bills relating to the Pass holder s hospitalisation and surgery? Does it include outpatient treatment costs? Under the Employment of Foreign Manpower (Work Passes) Regulations, employers are responsible for both inpatient and outpatient treatments for their S Pass holders. Why is the minimum medical insurance coverage required for S Pass holders set at $15,000 per year for inpatient care and day surgery? The insurance coverage is set at a basic level in order to keep premiums affordable. At the moment, $15,000 covers more than 95% of foreign worker medical bills. However, we encourage employers to avail themselves of higher insurance coverage, beyond the minimum requirement, if they wish to have greater protection and peace of mind. Q5 What if the medical expenses for my S Pass holder exceeds the $15,000 covered by insurance? Can I ask my worker to pay part of his medical expenses? A5 Under the Employment of Foreign Manpower (Work Passes) Regulations, employers have to bear the full cost of the medical treatment for their S Pass holders, even in excess of what medical insurance or any other insurance may cover. For non-work injury inpatient medical treatment expenses, under the Employment of Foreign Manpower (Work Passes) Regulations, MOM allows business employers to arrange for their S Pass holders to pay for part of their medical bills, subject to the following conditions: (i) The medical treatment is for non-work related inpatient expenses; (ii) The worker may only bear part of the costs of the portion of the inpatient medical treatment costs which is above the $15,000 minimum medical insurance requirement; (iii) With reference to (ii), the portion of inpatient medical expenses payable by the worker is reasonable and forms no more than 10% of the worker's fixed monthly salary; (iv) The duration of co-payment does not exceed 6 months; and (v) The worker s consent must be obtained for any partial payment arrangement, which must be stated explicitly in the worker's employment contract or collective agreement. Any private contractual agreement between employer and employee, company rulebook or employee terms must abide by the above guidelines and cannot override statutory obligations.

3 Q6 A6 Are there any restrictions on which ward class I can send my foreign worker to? The ward class your foreign worker may be admitted to would depend on the hospital s bed availability at the time. Employers may also wish to take note of the actual benefits provided by your foreign worker s medical insurance, including possible restrictions by ward class, and arrange for treatments appropriate to the coverage level and your financial situation. Q7 A7 How is the medical insurance requirement for S Pass holders different from the other employer-financed insurance requirements? The medical insurance provides basic cover for hospitalisation and surgery expenses, including for conditions that may not be work-related. In contrast, Work Injury Compensation (WIC) Insurance covers the medical costs and other compensation benefits (i.e. medical leave wages, lump-sum compensation) arising from work-related injuries or diseases, as stipulated under the Work Injury Compensation Act. Q8 A8 Can employers reclaim or deduct the cost of medical insurance or treatment from their foreign workers? Can employers arrange for their foreign workers to co-pay part of their medical expenses, for example as part of their employment terms? Under the Employment of Foreign Manpower (Work Passes) Regulations, employers have to bear the full cost of the medical treatment for their foreign workers. Employers may not deduct or reclaim the cost of foreign worker medical insurance premiums, Work Injury Compensation insurance premiums, or any part of medical treatment benefits for work injury claims from their foreign workers. For non-work injury inpatient medical treatment expenses, under the Employment of Foreign Manpower (Work Passes) Regulations, MOM allows business employers to arrange for their Non-Domestic Foreign Workers to pay for part of their medical bills, subject to the following conditions: (i) The medical treatment is for non-work related inpatient expenses; (ii) The worker may only bear part of the costs of the portion of the inpatient medical treatment costs which is above the $15,000 minimum medical insurance requirement; (iii) With reference to (ii), the portion of inpatient medical expenses payable by the worker is reasonable and forms no more than 10% of the worker's fixed monthly salary; (iv) The duration of co-payment does not exceed 6 months; and (v) The worker s consent must be obtained for any partial payment arrangement, which must be stated explicitly in the worker's employment contract or collective agreement.

4 Any private contractual agreement between employer and employee, company rulebook or employee terms must abide by the above guidelines and cannot override statutory obligations. Q9 A9 What penalty will employers of S Pass holders face if they fail to fulfil their medical obligations? Failure to provide or bear the cost of an S Pass holder s medical treatment is an offence under the Employment of Foreign Manpower (Work Passes) Regulations. If convicted, offenders are liable to a fine of up to $10,000 and/or a jail term of up to 12 months. Q10 If the S Pass holder requires dental treatment, is the employer obligated to provide and bear the cost of such treatment? A10 Q11 A11 Under the Employment of Foreign Manpower (Work Passes) Regulations, employers are responsible for the costs of providing medical treatment that is determined by a medical or dental professional as necessary for the health of their S Pass workers, regardless of whether the conditions are work-related. This includes dental treatment which is determined by a medical or dental professional to be necessary for the health of the worker. If the S Pass holder incurs costs for medical procedures which are not medically necessary, such as purely cosmetic treatment, is the employer obligated to provide and bear the cost of such treatment? No, the employer will not be liable for costs arising from procedures which are not medically necessary for the health of the worker, as determined by a medical professional. Q12 If the S Pass holder requires long-term medical care, is the employer obligated to provide and bear the cost of the whole course of treatment? A12 If the S Pass holder requires long-term medical care arising from a non-work related ailment, employers may send the foreign worker home to continue treatment at the worker s own expense once the worker s condition has stabilised and the worker is deemed medically fit to travel. Employers are responsible for providing and bearing the cost of repatriation. However, employers cannot send the worker home if the worker has an existing statutory claim with MOM, such as for work injury compensation or salary arrears, unless the Controller has specifically allowed for the repatriation of the worker. Q13 What information must I provide MOM concerning medical insurance for my S Pass holders? A13 You should keep MOM updated with the following information when applying for or renewing an S Pass: a) Name of Insurer; b) Insurance Policy Number;

5 c) Insurance Policy Commencement Date; and d) Insurance Policy Expiry Date. Updates should be made using Work Permit Online (WPOL). If you are currently not a WPOL user, you can register an account with MOM easily via MOM's website with a Singapore Personal Access (SINGPASS). Registration for a WPOL account is free of charge. You can also access a broad range of other Work Permit services, including Work Permit application, issuance and renewal via WPOL. Alternatively, you can authorise an Employment Agency to furnish the medical insurance details on your behalf if you do not wish to apply for a WPOL account. Q14 If I do not furnish details of medical insurance for my foreign workers to the Ministry of Manpower (MOM), will the S Pass be issued or renewed? A14 The medical insurance details are a requirement for the issuance and renewal of S Pass. MOM will not issue the S Pass without the necessary insurance details. Q15 My company has an appointed panel of doctors, and my employees are required (under their employment contract, or company rulebook, or employee terms) to consult these doctors. Can I refuse to pay for my S Pass holder s medical expenses if he did not consult with one of these doctors? A15 No, under the Employment of Foreign Manpower Act, employers are liable to pay for the medical expenses of S Pass holders. This ensures that the bills of foreign workers do not remain unpaid and instead get passed on to our tax-payers, which would be unfair to society at large. While employers are allowed to appoint company doctors, they should take note that they remain liable regardless of where the medical costs are incurred Obligations under Work Injury Compensation Act Q16 A16 Q17 What is the Work Injury Compensation Act? The Work Injury Compensation Act provides injured employees with a lowcost and expeditious alternative to common law to settle compensation claims. The employee only needs to provide that he was injured in a work accident or suffered a disease due to his work. The amount of compensation is computed based on a fixed formula and subject to caps. In event of death, benefits can be paid out to dependents of the deceased employees. More information can be found on the MOM website (www.mom.gov.sg). Is my S Pass holder covered under the Work Injury Compensation Act? A17 The Work Injury Compensation Act covers all employees (regardless of nationality) who is under a contract of service or apprenticeship with an

6 employer, except: a) Self-employed or independent contractors; b) Domestic workers; and c) Uniformed personnel (members of Singapore Armed Forces, Central Narcotics Bureau, Police, Civil Defence Force and Prisons Service). This includes situations where the accident happened when the employee was working overseas and medical treatment was needed to treat or stabilise the injury. Q18 What can be claimed under the Work Injury Compensation Act A18 The Work Injury Compensation Act provides three kinds of compensation benefits: a) Medical leave wages; b) Medical expenses (including cost of medical consultation fees, ward charges, treatment and charges for emergency medical transport required to convey an employee to receive treatment, physiotherapy / occupational and/or speech therapy, medicines, artificial limits and surgical appliances); and c) Lump sum compensation for permanent incapacity or death, if applicable. The compensation benefits payable may vary according to the severity of injury or disability and are subject to statutory caps and limits. Q19 Is it mandatory to purchase Work Injury Compensation insurance? A19 Every employer is required by law to maintain adequate Work Injury Compensation (WIC) insurance for (i) all employees doing manual work, regardless of salary level; and (ii) all employees doing non-manual work and earning $1,600 or less per month. Failure to purchase adequate insurance is an offence punishable by a maximum fine of $10,000 and/or jail term of 12 months. For other employees doing non-manual work with monthly earning of above $1,600, employers have the flexibility to decide whether or not to purchase WIC insurance. However, in event of a valid claim, the employer will still be required to pay the compensation he is liable for under the Work Injury Compensation Act. Medical Obligations under Employment Act Q20 What is the Employment Act? A20 The Employment Act is Singapore s main labour law. It specifies the basic terms and conditions of employment, and the rights and responsibilities of employers and employees under a contract of service. Q21 Is my S Pass holder covered under the Employment Act?

7 A21 The Employment Act covers every employee (regardless of nationality) who is under a contract of service with an employer, except: a) Managers and executives; b) Seamen; c) Domestic workers; and d) Statutory board and government employees. *Managers and executives earning $4,500 basic monthly salary and below are only covered partially on the payment of salary. The Employment Act does not make any distinction between local or foreign employees, temporary employees, contract employees, daily-rated employees or employees on tenured employment. Q22 Is my S Pass holder eligible for paid sick leave? A22 All employees covered by the Employment Act are entitled to paid sick leave, including dental leave, if: a) The employee has served the employer for at least 3 months; b) The employee has informed or attempted to inform the employer of absence within 48 hours. Otherwise, the employee is deemed to be absent from work without permission or reasonable excuse; and c) The sick leave is certified by the company s doctor or by a Singaporeregistered medical practitioner. The employer has the discretion to accept medical certificates from a private doctor or a traditional Chinese medicine (TCM) practitioner. The number of days of paid sick leave an employee is entitled to varies according to the length of time served with the employer. No of months of Paid outpatient sick Paid hospitalisation service completed leave (working days) leave (working days)* 3 months months months months and above * includes any outpatient sick leave, if taken Q23 My company has an appointed panel of doctors, and my employees are required (under their employment contract, or company rulebook, or employee terms) to consult these doctors. Can I refuse to pay for my employee s sick leave if my employee did not consult with one of these doctors? A23 If your S Pass holder is covered by the Employment Act, you should recognise medical certificates issued by any registered medical practitioner for the purpose of being absent from work due to illness. All employees, including Work Permit holders, who are covered by the

8 Employment Act are entitled to paid sick leave, including dental leave, if: a) The employee has served the employer for at least 3 months; b) The employee has informed or attempted to inform the employer of absence within 48 hours. Otherwise, the employee is deemed to be absent from work without permission or reasonable excuse; and c) The sick leave is certified by the company s doctor or government doctor (including doctors from approved public medical institutions). The employer has the discretion to accept medical certificates from private doctor, or a traditional Chinese medicine (TCM) practitioner. Q24 My employee suffered a work-related injury and is on medical leave under Work Injury Compensation. Is he still entitled to the paid sick leave under the Employment Act? A24 Medical leave related to the employee s work injury should be claimed under the Work Injury Compensation Act (WICA) first. For the period your employee is entitled to paid medical leave under the WICA, he is not allowed to claim for paid sick leave under the Employment Act (EA) (if he is covered by the EA). Details of the medical leave entitlement under the WICA can be found on the MOM website (www.mom.gov.sg). If your employee receives medical leave for a non-work-related medical condition, this would not be claimable under WICA. This employee should claim paid sick leave under the EA. This version is correct as of 7 Oct 2014.

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