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Annual Leave at resignation

Wed, 29 Oct 2008 11:04:34 AM  (Last updated: Fri, 07 Nov 2008 02:56:40 PM)

Yesterday, 28th Oct 2008. I tendered my resignation from my current company and as stipulated in the contract it is one month notice.

As because I still have 18 days of Annual Leave, I happily counted my last day of employment should be next Wednesday which is 5th November.

Everything was good until, my HR Manager said the offsetting of Annual Leave should be included weekends too. I was furious as I am losing 8 days of Annual Leave because she counted 4 weekends as part of my annual leave.

A weekend is a weekend , is an off day .. how can this be possible.

I went and did my research from Employment Act and everything .. unfortunately there's no clear example that can help me in educating my retard HR manager. I called up a couple of friends that does HR in big company and they said offsetting annual leave against weekend is totally wrong.

It is just a plain common sense but i need to prove this lady she's wrong.

Anyone can advice me on this ....

KL Siew
Wed, 29 Oct 2008 11:25:49 AM

If you are covered by the Employment Act, Section 60E(2A) as quoted below may be helpful to you. In your case, you are taking your leave balance and not offsetting anything. To me, you offset only when you give short notice. Consult the Labour Office if necessary.


(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 i

Thu, 30 Oct 2008 12:55:36 AM

I'm earning RM3250 ..correct me if I'm wrong but I believe I'm not covered under the Employment Act ..

The question is that .. is it legal to offset my annual leave that includes weekends .. i thought only working days is liable for annual leave

KL Siew
Thu, 30 Oct 2008 09:39:53 AM

That's what I said. You are taking leave and not offsetting. The leave should not include rest days. There is no reason for you to take leave on your rest days, isn't it.

Thu, 30 Oct 2008 01:08:23 PM

Many thanks for the prompt reply .. I'm sending you a personal email ..

I think what are you doing is such a noble and splendid thing to do . ..


Fri, 07 Nov 2008 02:56:40 PM

As i know, if your management do not approve ur leave, you cannot leave earlier by taking leave. So if u leave earlier, it will be considered as short notice and calculation of weekends will be included.

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