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22/10/2007 23:24:01
Re: Leave

Hi! I have used up my annual leave for this year.
Basically, I have applied for unpaid leave on the 12th Oct (Fri) and from 16th till 20th Oct 07 (Tuesday till Saturday). Hari Raya falls on 13th Oct (Sat), 14th Oct (Sun) and 15th Oct (Mon). From my calculation, my deduction of leave day is suppose to be 5.5 days but my HR said that they are going to minus 10 days from my salary by end of this month.

Basic salary / 31 days x 10 days unpaid leave - Is this right?
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KL Siew
23/10/2007 10:36:18
You said you applied for unpaid leave, you did not state whether the leave was approved If you are covered by the Employmet Act, which covers employees with pay not more than 1500 per month, you may not be entitled to paid Public holidays if you are absent without employer's approval. Please see Section 60D(2) below:

"....(2) Any employee who absents himself from work on the working day immediately preceding or immediately succeeding a public holiday or two or more consecutive public holidays or any day or days substituted therefor under this section without the prior consent of his employer shall not be entitled to any holiday pay for such holiday or consecutive holidays unless he has a reasonable excuse for such absence. ...."

Consult your HR as to what have actually happened, how they arrived at the 10 days.

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23/10/2007 11:23:56
Hi! Thanks for your reply. My monthly salary is RM1800.00
Yes, I did applied leave on the 3rd Oct and it was approved on the 5th Oct.

I have used my annual leave entitlement for this year and understood that it will be unpaid leave. My reason for applying for this leave is because : Balik Kampung during the Hari Raya Celebration.

HR said that they have arrived at the 10 days because "Employee is not entitled to public holiday or rest day when on unpaid leave".
Therefore, they have calculated (inclusive both date) starting from 12th Oct 07 (Friday) till 21st Oct (Sun) as I was back to work on the 22nd Oct (Mon).

Does it mean that I am not entitle to the three days (13th till 15th) paid public holiday and the 21st-Sun since HR calculate my salary base on 31 days?
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KL Siew
23/10/2007 12:23:25
Yes your leave was approved but what about the unpaid leave? Since you are not covered by the EA, the Section I quoted might not be applicable to you. I think you will have to consult the Labour Department to see whether they can help you to solve the problem.
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