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31/10/2009 09:59:16
Re: Calculation of Annual Leave & Medical Leave when a staff resigns

One of staff is resigning after 2 years place working with us.
He start work with us on 13/7/07 and his last working day is 30/11/2009.
His entitlement are as follows:
Annual Leave:
More than 2 years less than 5 years = 14 days
Medical Leave: 14 days per year amounting to RM360 per year.

Since he is leaving the company he is taking his annual leave as he says he claims his right to 14 days and Medical leave with the same reason. He has taken his full entitlement for the past 2 years.

Can you please help me calculate by the Labour law what his his entitlement on this 2 issues.

IS the Annual leave and medical leave prorated?

Please help me solve this issue.

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KL Siew
31/10/2009 13:04:43
1. Annual leave can be prorated.
2. Sick leave cannot be prorated. An employee is not entitled to balance of sick leave whih is not taken.
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31/10/2009 18:10:01
Another question
If the above employee keeps taking his sick leave to finish up his entitlement of 14 days until he resigns. Is he entitled to or can we prorate his sick leave and dont pay if he exceeds.
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KL Siew
31/10/2009 20:18:13
You cannot do that.
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01/11/2009 08:21:28

Another clarification. since we were ignorant on the prorated annual leave. We were told by the above employee himself coz he was from a hr background that he is entitled to the full 14 days when he resigns. Can we deduct his salary for the annual leave that he is overtaken the past month. lets say he has taken 5 days more than he is entitled to, canwe informed him and deduct it from his salary.

Please help me, we do not want to be in the wrong side of the law.
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KL Siew
01/11/2009 09:06:49
I wonder whether you can do that since the leave had been approved. In fact, management should go for you for approving too much advance leave.
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09/11/2009 23:21:19
Dear KL Siew,

Re: Calculation of Annual Leave When a Staff Resign
Case: If the employee give notice of resignation on 6th Nov 2009,

1) can she left the company earlier on 12nd Nov by using the balance of unused annual leave of 12 days. (not need to wait until next month -1 month notice)

thank you
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24/05/2013 13:09:38
I had work in my company with 18 months ( 1 and a half year )
now i'm going to resign, i had took 8 days annual leave in my 1st year,
may i know for my 2nd year that I had work half year, will I get another 4 days annual leave?
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