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did I have the right to claim all annual leave after tender resignation?

Han
Member
Tue, 23 Feb 2016 10:17:15 PM  (Last updated: Thu, 25 Feb 2016 08:07:48 AM)

hi, 

I tender my resignation on 15 Feb and I have 9 days annual leave (one month notice period)

After the calculation I think my last day will be on around 2 March. But my manager told me that I can't leave early and cannot claimed all my annual leave, I have to work until 14 Mar and the management have the right to don't let the staff to claim the annual leave and working for 1 month after tender. 

May I know is that true or I have the right the claim all my annual leave after tender? 

Look forward to your reply. 

many thanks. 

KL Siew
Administrator
Wed, 24 Feb 2016 12:14:51 PM

Your leave entitlement stopped at the time you tendered your resignation. What you can claim is the leave earned before your resignation. If you have problems, you may have to bring the matter up with the Labour Department.

Han
Member
Wed, 24 Feb 2016 01:05:43 PM
Originally posted by KL Siew on Wed, 24 Feb 2016 12:14:51 PM

Your leave entitlement stopped at the time you tendered your resignation. What you can claim is the leave earned before your resignation. If you have problems, you may have to bring the matter up with the Labour Department.

Yes, that is the leave I have before I tendered (9 days), my manager and hr mentioned that the department head have the right to hold me from offset my annual leave and have work until my last day at 14 Mar and they will pay me on the remaining annual leave I have. But I have to go before 8 Mar, do I have the right to offset my annual leave and department head cannot hold me from that?
KL Siew
Administrator
Wed, 24 Feb 2016 04:42:48 PM

If you want to offset, it is like you are using your annual balance to pay for the short notice. In that case, they may not pay for your leave balance.

Han
Member
Wed, 24 Feb 2016 07:37:01 PM
Originally posted by KL Siew on Wed, 24 Feb 2016 04:42:48 PM

If you want to offset, it is like you are using your annual balance to pay for the short notice. In that case, they may not pay for your leave balance.

Yes, this is what I want. I want to offset it and don't want they to pay for it, But the problem is my department not allowed me to offset and want me to work until my last day on 14 Mar. 

So, they have the right to do this? Hold me from offset my annual leave. 

KL Siew
Administrator
Thu, 25 Feb 2016 08:07:48 AM

In that case, then I think you better work till the end of the notice and let them pay for the leave balance. It may not be good to leave without approval.

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