Proposal for Legislative Review to Build Workplace Trust and Better Protect Privacy of Employees on Medical Leave
Ministry of ManpowerSpeakers
Summary
This question concerns Mr Low Wu Yang Andre’s inquiry on whether current laws sufficiently address employers tracking employees on medical leave and if a legislative review is planned. Minister for Manpower Dr Tan See Leng responded that legislation mandates paid sick leave for certified employees and prohibits collecting personal data to discourage taking leave. Minister for Manpower Dr Tan See Leng emphasized that while employers must respect leave, employees must use it responsibly, permitting investigations into suspected misconduct. Minister for Manpower Dr Tan See Leng stated that the current approach balances legal standards with progressive practices rather than explicitly prohibiting tracking through new legislation. Minister for Manpower Dr Tan See Leng advised concerned employees to use company grievance channels or approach the Tripartite Alliance for Fair & Progressive Employment Practices.
Transcript
39 Mr Low Wu Yang Andre asked the Minister for Manpower (a) whether the Ministry assesses that the Employment Act, Personal Data Protection Act and Workplace Fairness Act are sufficient to address instances of employers tracking employees on medical leave; (b) what is the policy rationale for not explicitly prohibiting such practices; and (c) whether a legislative review is planned to better protect employee privacy and workplace trust.
Dr Tan See Leng: The Ministry's approach is to safeguard key employment standards in legislation, while encouraging employers to adopt progressive workplace practices that are mutually beneficial for employees while meeting their business needs.
In line with this approach, the Employment Act entitles employees to paid sick leave and employers are legally required to excuse their employees from work if they are certified unfit for work by a medical practitioner, for the well-being of the employee and their co-workers. Employers should not undertake personal data collection in order to discourage employees from taking sick leave when ill. At the same time, employees must use sick leave responsibly, and employers can conduct investigations if they suspect potential misconduct.
If employees have any concerns about their company's employment policies, they should first surface the issue through their company's grievance-handling channel or approach their union if their company is unionised. Employees may also approach the Tripartite Alliance for Fair & Progressive Employment Practices for further assistance.