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Resignation & Annual Leave

Sherine  
Guest
Thu, 31 Jan 2008 03:05:57 PM  (Last updated: Thu, 21 Feb 2008 11:55:54 AM)

Dear Mr. Siew,

In my company employment letter, stated the annual leave entitlement is 10 days for the 1st year of service; subsequent year additional 1 day until the maximum 14 days.

I started to work in this company in Aug 2005. So this year I entitled for 13 days of annual leave.

I no longer have any annual leave carry forward from 2007. When i want to apply leave for Chinese New Year festive, my management informed me that i not entitle for annual leave until after March'08. Is that true? So they consider my application to on leave for 5/2 and 11/2 as unpaid.

If i want to resign on 1/2/08, my last day will be 29/2/08 as 1 month notice given for termination stated in the employment letter. If they are right, then i tender resignation on 1/2/08, will i enjoy the annual leave? Should be 2 days right?

Rgds,

Sherine

KL Siew
Administrator
Thu, 31 Jan 2008 03:33:48 PM

You did not state the exact date of joining in August 05. Let us take it as 1/8/05, your entitlements will be as follow:

1/8/05 to 31/7/06 = 10 days (1st year)

1/8/06 to 31/7/07=11 days (2nd year)

1/8/07 to 29/2/08 =(12days/12)x7months=7 days. (3rd year, part only)

You total leave entitlement during the entire period comes to 28 days. So, you can check with your HR how many days of AL you have taken so far, then you will know how many days balance are there, if any.

ml.loh
Guest
Fri, 01 Feb 2008 09:20:26 AM

Dear Mr Siew,

Refer to the above calculation, are we calculating staff AL based on their joined in date, means 01/08/05 till 31/07/06 and every staff will have different cut off date ? cant we cut off based on calendar year, means (01/08/05 till 31/12/05)= 5 mths / 12 mths * 10 days AL?

Cos from my current practice, for thos who are not entitled for full year of AL entitlement we will calculate base on the pro-rated basics. and the following year only they are entitled for full year of AL entitlement.

KL Siew
Administrator
Fri, 01 Feb 2008 11:18:46 AM

Yes, it is OK, But using calendar year, I presume the 2nd year 1/1/06 - 31/12/06 leave entitlement will be 11 days and the 3rd year 1/1/07 to 31/12/07will then be 12 days and 1/1/08 to 29/2/08 will be prorate of 13 days.

Sherine
Guest
Fri, 01 Feb 2008 02:41:32 PM

Dear Mr. Siew,

My company practise as ML Loh's company where we got AL based on pro-rate for 1/8/05 till 31/12/05.

So in 2006, I entitled for a full AL of 11 days; for 2007 is 12 days.

So my question is, for 2008, when i want to apply AL for CNY on 5/2/08 and 11/2/08, my management informed me that the leave will be treat as unpaid leave and not AL because i have not work for 3 months in 2008. Problem is i am not under probation. Is Labor Law stated that?

I think minimum i should entitled for 1 day AL by pro-rate for 2008 where 1month/12month x 13AL right?

Pls advice.

Rgds,

Sherine

KL Siew
Administrator
Fri, 01 Feb 2008 03:50:34 PM

You mentioned you wanted to resign, but have you actually put in your resignation? If you had, you are entitled to take your leave balance before you go in Feb. If you have not put in your resignation, your company is not obliged to give you prorated leave and as such your CNY leave will be treated as no-pay leave.

KL Siew
Administrator
Fri, 01 Feb 2008 04:05:28 PM

To ML Loh, don't worry so much about the ways of leave calculation. Do it in whatever way that is convenient to your company as long as the employees are not getting less than what they should under the EA.

Sherine
Guest
Sun, 03 Feb 2008 12:17:12 AM

Dear Mr. Siew,

I tendered resignation on 1/2/08. My last day will be 29/2/08 with 1 month notice given. So will i able to enjoy the AL? If yes, how many days? 2 days?

Rgds,

Sherine

KL Siew
Administrator
Sun, 03 Feb 2008 11:05:45 AM

Yes, about that.

Lillian
Guest
Sun, 17 Feb 2008 10:43:52 PM

Correct me if I am wrong. When it comes to leave, Sherine can face the possibility of all her leave entitlement be forfeited if her empoyer refuse to grant her the 2 days entitlement since she has tendered her resignation. This can happen right especially if the leave policy is vague?

KL Siew
Administrator
Thu, 21 Feb 2008 11:55:54 AM

Section 60E(2A) of the Employment Act may be helpful:

"...(2A) Notwithstanding subsection (2), upon the termination of an employee's contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in addition, the leave accrued in respect of the completed months of service during

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