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Employment Act leave and notice for EP / S Pass holders
Annual leave after 3 months, paid sick leave floors, MC during notice (cannot extend), salary in lieu, and which Part IV overtime rules still miss many EP salaries.
EP status does not erase the Employment Act. Since 2019, core leave and salary protections cover almost all private-sector employees under a contract of service — including most managers and executives — with classic carve-outs (domestic workers, seafarers, public officers). Reddit’s “foreigners have no leave rights” line is folklore. Work-injury MC that is also a WICA claim needs a parallel paper trail — WICA for EP holders.
What you get after 3 months (statutory floor)
| Entitlement | Employment Act floor (verify live) |
|---|---|
| Paid annual leave | Starts after 3 months; year-one minimum is 7 days, rising with service years; pro-rate if you leave mid-year |
| Paid outpatient sick leave | Up to 14 days / year after 3 months (pro-rated earlier in the first year) |
| Paid hospitalisation leave | Up to 60 days / year inclusive of the outpatient days |
| Public holidays | Paid PH under the Act’s rules |
| Notice | Contractual length (must be equal both ways) or MOM’s default table if the contract is silent |
Your contract or handbook can be more generous. It cannot undercut the Act’s floor for covered employees. Approval of when you take annual leave is still an employer decision — vanishing approved balances or “no leave in year one” policies that drop you below the floor are the fights that escalate to TADM.
Notice period — resignation is not a special EP ritual
If the contract sets notice, you serve it or pay salary in lieu. Notice must be in writing. MOM’s published counting rules include the day notice is given plus weekends/PHs.
Sick leave during notice: if you are covered by the Employment Act, paid or unpaid sick leave counts as part of the notice period. The employer cannot extend notice or claim short-notice damages for those MC days. Contracts that say otherwise are fighting published MOM guidance — document the MC and keep the link.
Annual leave during notice: allowed with approval; unused leave is generally encashed on termination (except misconduct paths). “Offset notice with AL” (bring last day forward) is a different mutual agreement — read MOM’s distinction carefully before you assume you can start the next job mid-notice. Deep exit math: AL encashment vs notice offset.
Unpaid leave during notice: employer may extend notice only with your agreement.
Part IV overtime — why many EP Reddit threads talk past each other
Hours-of-work / OT / rest-day rules in Part IV still use salary bands (workmen vs non-workmen ceilings). A typical EP salary sits above those bands, so “no OT” can be lawful even while annual leave and sick leave still apply. S Pass kitchen/service roles closer to the Part IV ceilings are a different story — see salary disputes / TADM.
Pass cancellation is a separate clock
Leave rights end when employment ends. Your employer cancels the EP/S Pass and usually requests a Short-Term Visit Pass — default often 30 days, ask for up to 90 during cancellation. That is immigration, not leave law — between-jobs STVP and career pivots.
Adjacent rails people mix up
- WFH / hybrid is a formal Flexible Work Arrangement request under TG-FWAR (from 1 Dec 2024), not annual leave — FWA guide
- Harassment that pushes you to resign early is a TAFEP / PoHA / safety problem first — workplace harassment — then notice math
Practical checklist
- Confirm you are covered by the Employment Act (almost always yes on EP/S Pass private contracts)
- Screenshot leave balances and the clause that sets notice before you resign
- If HR says “MC extends notice,” reply with MOM’s termination-with-notice page and keep it factual
- Align IR21 / final pay with notice end — tax clearance
- Salary underpayment during notice is still a TADM problem, not a “foreigner exception”
Company culture can be stingy. The statute is not optional theatre for locals only.
Sources & citations
Admin and policy details change. Prefer the official page when making decisions; we cite primary sources for Singapore government and statutory guidance.
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