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Vincent
igang5@hotmail.com
20/09/2010 21:04:28
Re: Public Holiday Entitlement During Unpaid Leave‏

Greetings,

I feel like I am being cheated by my company. I took unpaid leave from 16th Aug 2010 to 16th sept 2010. This was approved in writing by my company more than a month before my holiday started. After I came back from my holiday I notice there is 3 days public holiday which are Tuesday 31st Aug 2010, Friday 10th Sept 2010 and Thursday 16th Sept 2010. Am I entitel to get paid for this 3 public holidays? The admin staff told me by labour law I am not entitled to get paid for these days, because it is unpaid leave so Im not being paid for the rest day of which there is 4 days of Sunday from the 16th Aug 2010 to 16th Sept 2010. Is this the law as well? Is every employee entitled to be paid for rest day and public holiday no matter annual leave or unpaid leave?

Here is example how my company deduct the income. If I took 1 week of unpaid leave from Monday to Saturday, then they will deduct a weeks salary from my monthly pay. They will count 7 days which includes Sunday. If I take two weeks off they will deduct 14 days, but there is only 12 working days in that two weeks. Shouldn't I get the 2 days pay instead of they deduct everything? A months of unpaid leave, which is 30 days, I will still recieve 4 days of rest day paid but not without being pay for whole month?

I hope you can help me with this problem, thanks


Sincerely,
Vincent
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KL Siew
pesaraonline@gmail.com
20/09/2010 22:26:20
First of all, I wonder why your company is so liberal in granting non pay leave. To me, when a period of no pay leave is granted, all rest days, holidays etc in between should also be no pay. Furthermore, no pay leave is not something of your right, it is granted at the discretion of the company, subject to their conditions. Anyway, in order to avoid confusion, when you apply for no pay leave next time, you can try stating in your no pay leave application that should be paid for the rest day or holidays in between. If your employer approves it that way, then everything should be quite clear. You may consult the Labour Department for their views.
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vincent
20/09/2010 23:51:23
thanks for the reply, now I understand. cheers
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Busybody
22/09/2010 16:36:57
Any employee who absents from work on the working day immediately preceding or immediately succeeding a public holiday, shall NOT be entitled to any holiday pay !!!. (Section 60D(2) Labour Law 1955)
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Ahmad
06/07/2015 10:47:34
I am seeking the answer if our employee being unpaid leave for 6 months. What he/she shall not be entitled during the unpaid leave period? How about his service whether shall be continue or stop at the last day of work?
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