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Unpaid Leave

Ray
Member
Fri, 25 Nov 2011 06:01:16 PM  (Last updated: Mon, 28 Nov 2011 08:53:35 AM)

Sir,

Sorry to say im still confused with the unpaid leave after reading so many thread from this forum.

Let's take an example from your previous reply:

****CASE A

Hi,

Im still an unconfirmed staff.

Due to personal matter, writer did apply unpaid leave details as below:

12th Sept08 till 16th Sept08 (Thursday till following week Tuesday).

Whereby my company is practice 5 days work which means Sat and Sun are off day.

How come my company deduct my salary from 12th Sept till 16th Sept08 (5 days)? Instate of 12th, 15th and 16th (3Days).

Many thanks for yours kind advice.

Thanks,

Kiew

KL Siew
Administrator

Country: Malaysia
Joined: 05-Feb-2008
Posts: 4200

RE: Unpaid leave deduction

Mon, 29 Sep 2008 02:10:12 PM

That's not right, you can make a complaint at the Labour Department.

****CASE B

Hi

If staff taking unpaid leave from Friday to Tuesday, how many days salary should I deduct? (we are working on alternate Saturday off basis). Should it be 4 days (exclude Sunday) or 5 days (include Sunday)?

Thank you.

KL Siew
Administrator

Country: Malaysia
Joined: 05-Feb-2008
Posts: 4200

RE: Continuos Unpaid Leave

Wed, 23 Feb 2011 05:35:18 PM

It is up to the employer to decide since unpaid is not a right.

Sir, my question is, should or should not i deduct the salary of Saturday and Sunday is my staff apply UNPAID LEAVE on Friday AND Monday instead of Friday TO Monday.

Thanks.

KL Siew
Administrator
Sat, 26 Nov 2011 07:56:55 AM

If you approved his unpaid leave application that way without any condition to say whether Saturday and Sunday to be paid or not,  then Saturday and Sunday are to be paid. If you don't want to him to do that next time, let him know clearly before applying for such leave.

Ray
Member
Sat, 26 Nov 2011 09:45:06 AM

previously the HR already informed (verbally) to those who wish to take unpaid leaves that Sat ,Sun and Public Holiday will be considered as no-pay if Sat, Sun, Public Holiday are to be squeezed in between their unpaid leaves. But recently one of the employee called to Labour Office, asked the Labour Officer does the employer have the right to deduct her salary of rest day and off day as she is a monthly rated employee (based on the case above: she took unpaid on Friday and monday). The answer she get from the officer was, the employer has to pay her on rest day. In the case if the employee lodge a report to Labour Office, does the Labour officer have the right to ask the employer to pay back the employee ( salary on Sun & Sat ) and force the employer to change the company policy so that employer has to pay on Sat & Sun? 

KL Siew
Administrator
Mon, 28 Nov 2011 08:53:35 AM

Very simply, put the policy in writing. If they don't agree, don't approve any application for no pay leave. If you keep quiet and approve it, I also think you should pay. By the way, be strict about no pay leave or emergency leave.

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