Working With Your Employer

Overview

There could come a time when your condition, or that of someone for whom you are the primary caregiver, becomes so severe it has an effect on your ability to perform your job. When that time comes, you need to carefully plan what you want to say and do.

Before you begin, it is important to understand your rights. The Singapore government offers you specific protections in the form of two statutes currently in force:

- The Leave Act enacted in 1993 assigns the rights of employees to request an unpaid leave of absence for up to 4 weeks. However, the act does not guarantee paid time off. It is unlawful for an employer to terminate an employee for taking an unpaid leave.
- The Disabilities Act enacted in 1990 clearly delineates the rights of employees with a physical or mental impairment, and the obligations employers have to them.

Remember, under both statutes, you are only required to tell the minimally necessary information to your employer.

Employers should  allow you to take a leave to receive "continuing treatment by a healthcare provider." These can include recurring absences for therapy treatments ordered by a doctor.

Under current provisions, you do not have to provide your medical records to your employer. However, your employer is allowed to request a medical certification confirming the existence of a health condition. In addition, your employer can deny the continuation of unpaid leave if you fail to fulfill any obligation to provide supporting medical certification.

During your unpaid leave, your employer may make inquiries about your absence -- but only to you.  If the employer wishes to obtain another opinion, you may be required to obtain additional medical certification at the employer's expense.. The employer may have a healthcare provider representing the employer contact your healthcare provider, with your permission, to clarify information in the medical certification or to confirm that it was provided by the healthcare provider. The inquiring may not seek additional information regarding your health condition or that of a family member.

The Disabilities Act covers a sweeping range of topics regarding citizens with disabilities, but the focus here is on its provisions regarding employment practices, specifically as they relate to hiring, firing, advancement, training, layoffs, leaves and all other employment-related activities. The act covers all employers with 15 or more employees.  It prohibits employment discrimination against "qualified individuals with disabilities," including applicants for employment and employees. The following criteria qualify an individual as having a disability:

- If s/he has a physical or mental impairment substantially limiting one or more life activities. These can include such activities as speaking, walking, performing manual tasks, learning, caring for oneself or working. 
- f s/he has a record of a disability. This includes someone who has recovered from a mental impairment. 
- If s/he is an individual regarded as having a substantially limiting impairment (even if an actual impairment does not exist). 

The provision rules don't allow a potential employer from asking job applicants to take a medical examination before making a job offer, nor can an employer make any pre-employment inquiry about a disability or the nature or severity of a disability. However, an employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-offer inquiry about his/her condition.

The law requires employers to make a "reasonable accommodation" for an employee with a disability. Examples of such accommodations include restructuring a job, modifying work schedules or appropriately modifying examinations, training or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation.

Your Condition and Your Employer

The first thing you must decide is what course to pursue. If your condition is severe enough -- a determination you should make with your healthcare professional -- it might warrant taking an unpaid leave while you follow your treatment regimen. If your condition requires a workplace accommodation such as the ones outlined above, then you need to discuss your needs with your employer. Again, you should make such a determination in consultation with your healthcare professional.

Your medical information is your business, and your employer must keep it confidential. This means you do not have to state the exact nature of your condition; you just need to say it requires ongoing treatment, and this could impinge on your work.

Your employer may request a statement from your healthcare professional (under provisions of both statutes).

If you or your doctor decide to reveal your diagnosis, your employer can only tell others about it on a "need-to-know" basis. The human resources professional in your organization can give you a full understanding of your employer's specific policies in this area.

When requesting a leave or accommodation, suggest different options, such as a change in your schedule, flexible hours, a shorter workweek, etc. Your employer is under no legal obligation to grant your specific request; the more choices you offer, the more likely you are to get what you need. Many companies have experience helping employees with depression or anxiety disorders, and they could have solutions you might not have considered.

Disability

If your employer cannot provide an adequate solution for you under the statutes, you might consider obtaining disability welfare benefits -- either through short- or long-term packages offered by your employer or through the welfare office. Consider disability if your condition has come to the point where you and your healthcare professional believe you can no longer work.

To learn about your employer's disability benefits, talk to your organization's human resources professional. For information about welfare disability benefits proceed to the main authorities website.