I have tendered my resignation letter on 4/8/2008 and my last day would be at 3/9/2008 and my unutilised annual leave is 5.3 days. I have discussed with my HR regarding on the encashment of the unutilised annual leave and the HR personnel informed me that the company will not encash my annual leave. Since the company is not going to encash my annual leave, am i able to roll my last day backward to 26/8/2008? The HR seem like not allow me to roll backward my last day and not going to encash my unutilised annual leave. what should i do?
Section 60E(2A) as quoted below may be of some help to you.
You are entitled to take the balance of leave before you go.
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.
I was not confirmed by my current employer after working for 6 months (since 18th March 08). I had a better offer now but they want me to join ASAP. I tendered my resignation letter on 12th September with 2 week notice (last day on 26th September).
Am I entitling for annual leave deduction as I never apply for any leave during this 6 month.