Ok situation's like this: I got 12.5 days left of annual leaves this year, which is my entitlement right? I recently tendered my resignation on 1st March 2006 and I just got a letter today from the HR dept. saying I only have 5 days left!!! WTH?!?

Their excuse was that I am no longer gonna be here till December that's why I only get 5 days out of 12.5 days of leave so far. But thing is, according to my Employee Handbook, it says:

"The Company may require employees to exhaust their annual leave during the notice period..."

So what exactly is my entitlement? I am given 10 days of annual leaves this year and how exactly do they divide 10 days among 12 months??

Need someone to clarify with me. Thanks. >_< Am in deep shite. So furious now.

-Suet-

its called pro-rating

Yep, it is based on pro-rate. Same rule as my company.

"The Company may require employees to exhaust their annual leave during the notice period..."

You are only allow to exhaust your annual leave based on your presently entitled annual leave...not all of the annual leave given (12 days).

Yup...how long u work is how much u'll get.

Ur HR didnt make any mistake.. it is correct.. now u hv 5 days annual leave.. u can calculate it by 10 divide by 12 n answer is 0.833333.... n refer to Labour Law once the annual leave is more than 0.5 is consider as 1 day.. so by tis year u hv total 3 days annual leave + 2 days u carry forwarded from previous year..

Correct me if I m wrong..


P/S: Mind to tell me when is ur last day?



This post has been edited by @lice~~: Mar 3 2006, 05:54 PM

Um, looks like I gotta apply for extra 5 days non-paid leave. My last day should've been 17th, but now it's gotta be 24th. Well, then, guess I've no choice. Thanks for the advice, guys. T__T

wait wait... are you a confirmed staff or not?

It said entitle means you are allow to get it if you work there till that date. If you have not work till that date, of course calculate by how many months you work there and give you what you suppose to get, that is call pro rate. If you have not work till 31/12, and you get 20 days, I guess everyone will take that opp to resign

True also. Just chalk it up to my carelessness then.
Spanker: Confirmed staff? Of course I am!! Hahha...

just to comment, I feel the clause in bold above does not clarify your leave entitlements. It just says you need to exhaust your annual leave before you leave (which also means, you will not be compensated any cash if your leaves are not cleared)

But yes, anyway my company works like that too... (leaves are entitled as the months pass by)

It is a world-wide practice to pro-rate annual leave. This is done even for those who have not quit. Your annual leave entitlement is always based on a full year of work. When it becomes the new year you are not granted the entire leave but it acrues with each month.

I find this to be incredibly unreasonable business practice. What if I want to go Colorado for a spring break? But I have only earned 4 days by March! And spring only lasts for only a short while.

maybe its jst the wording.

if your company states that they are giving you 12,000 per year as your salary, you cant request the company give you 12,000 if you are going to spend some money in Colorado during march, right?

That's paints a nice picture to this scenario... But if I earned 12,000 per year, i couldnt even afford a trip to Langkawi... lol

Well, I understand this bit and all but it's not fair that my company wrote 12.5 days left of annual leaves in THIS MONTHS salary slip. Other companies (even my last one) only stated the leave entitlement according to the months on pay slip i.e: On March I would have 5 days, April 7 days and so on... T__T

Who am I to correct my company's system, right? T__T

I don't think you can apply for unpaid leave especially when you are tendering in your resignation. You might have to repay the company for leaving earlier. But that was the rule for my old and current company. I am not too sure whether it applies to you.

Repay meaning...? Salary deductment right...? O__O