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Annual Leave Entitlement during Probation

Tue, 19 Dec 2017 03:55:37 PM  (Last updated: Wed, 20 Dec 2017 01:30:03 PM)


I have tendered my resignation after 11.5 months of employment without confirmation to current position.

Am I entitled for pro rated annual leave?

HR told me that it is company policy that a person not confirmed is not entitled to annual leave.


KL Siew
Wed, 20 Dec 2017 12:05:01 PM

If your salary is not more than RM2000, you are covered by the Employment Act and thus entitled to prorated annual leave.

However, if your salary is more than RM2000, you are then not covered by the EA, and you have to go according to the policy of the company.

Wed, 20 Dec 2017 01:30:03 PM

You are entitled for prorated AL even you are not confirmed. Probationer enjoy same right as confirmed staff.

Even your salary >2k, you still entitled for minimum AL entitled in law = 8 days/year for employment less than 2 years

Calculation : any fraction of a day of annual leave so calculated which is less than one-half of a day shall be disregarded, and where the fraction of a day is one-half or more it shall be deemed to be one day;

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