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Jess Lee
05/01/2011 10:27:24
Re: Annual Leave For Resigned Staff

Dear Mr. Siew,

Happy New Year!

Pls answer :

I was tendered my resignation on 4/Jan for 2 month notices and last day is 3/Mar. Am i granted any annual leave for Jan to Mar?

Thx in adv.
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KL Siew
pesaraonline@gmail.com
05/01/2011 17:09:19
If you are covered by the Employment Act (meaning your salary is not more than RM1500) then the sections quoted below may be relevant to you:

"60E(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."

60E(3A) If the contract of service has been terminated by either party before an employee has taken the paid annual leave to which he is entitled under this section, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave."
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Jess Lee
06/01/2011 10:45:08
How about salary more than RM1500? How to calculate the annual leave entitlement?

My employer informed that NO leave granted for me due to i tendered resignation although i worked for full 2 months notice. is right?



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KL Siew
06/01/2011 11:08:46
Then you may not get it if your employer does not want to give.
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Jess
06/01/2011 11:20:09
Is means i was not granted any leaves for this 2 months (Jan & Feb) although i worked??
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KL Siew
06/01/2011 13:37:17
That's correct because there is no law to say they must do that if they don't want to give.
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Jess
07/01/2011 09:39:13
Understood. Thx for ur advice & time.
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