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Valerie Chua
28/02/2008 01:20:31
Re: Resignation one month notice can replace by annual leave? (Urent)

Dear Siew,

I am a accounts executive work with my current company 2 years. I had tended my resignation letter on 26th February 2008 and my last day will be on 29th February. Because i got 24.5days annual and replacement leave, so want to use it to off set my one month notice.
But my HR told me that i can't use my 24.5days leave to off set my one month notice, i need to get approval from my management, is that they have the right to do that? They want me to help them done the closing before i left.
My new job will start on 3rd March so i need to left on 29th February.
As my resignation letter, i got mention that i tended my resignation letter on 26th Feband my last day will be on 29th Feb, and the one month notice will off set by my leave, the remaining leave have to pay by cash.
After that my finance Manager sign my resignation letter as received, so do it consider "approve by management"?
Can we use our leave to off set the one month notice without approve by management?
Hope can hear you as soon as posible.
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KL Siew
28/02/2008 07:26:58
If you are covered by the Employment Act, i.e. your salary is not more than RM1500, Section 60E(2A) is quite clear about leave and termination of service.

"....(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 the year in which the termination takes place...."

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