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Annual Leave entitlement

MNT
Member
Tue, 25 Jun 2019 05:40:45 PM  (Last updated: Sun, 07 Jul 2019 07:42:47 AM)

Quoting.."where an employee absents himself from work without the permission of his employer and without reasonable excuse for more than ten per centum of the working days during the twelve months of continuous service in respect of which his entitlement to such leave accrues he shall not be entitled to such leave."

If you don't mind, really much appreciated if you could kindly assist to provide a simple example including calculation, for my ease of understanding. Many thanks in advance. 

KL Siew
Administrator
Wed, 26 Jun 2019 02:44:23 PM

You have to find out:

1. The total number of working days during the past one year; then

2. Find the total number of AWOL during the year;

If the total number of AWOL is more than 10% of total working days, then he will not be entitled to annual leave for that year. 

Surely, it may not be common to have a worker who would go AWOL for so many days, disciplinary action would have been taken against him and he might even have got the sack already. 

MNT
Member
Wed, 26 Jun 2019 03:47:58 PM

Please pardon me for my confusion about your statement without example. Based on your statement, please correct my understanding on the following example: 

 Previous year (Jan until Dec 2018)
= Working day (Exclude PH & Rest Sunday)
= 26 + 21 +  26 + 25 + 22 + 22 + 25 + 26 + 23 + 26 + 25 + 25
= 292 working days 
   
From 1/1/2019 until 26/6/2019 in the current year, senior staff with 3 years of working in our current company has 33 days of absense without the permission of our boss. He already utilised 5 days annual leave from 1/1/2019 until 26/6/2019. His annual leave for year 2019 is 12 days.   

It become 11.30% (33 days/292 days) which already exceed the capped 10%, the senior staff's remaining of annual leave is 7 (12 days - 5 days) should be revoked immediately? And we should also deducted the 5 days of annual leave that the staff already utilitised from his salary for the month of June 2019, since he is not qualified for annual leave in year 2019?  

Should my understanding is incorrect, your elaboration with example would be much appreciated.  
 

KL Siew
Administrator
Wed, 26 Jun 2019 07:00:09 PM

So, in 2018 the total working days was  292 days and how many days of absence without permission occurred in that year and  how many days of annual leave with pay were granted to him in 2018?

MNT
Member
Thu, 27 Jun 2019 10:05:57 AM

Your statement quoted "find out the total number of AWOL during the year". I thought "the year" is refered to current year. 

Please correct my understanding on your statement as below:

1. The total number of working days during the past one year; -> Is it referred to previous year (2018)?

2. Find the total number of AWOL during the year;-> Is "the year" referred to the previous year (2018)? 

3. If the total number of AWOL is more than 10% of total working days, then he will not be entitled to annual leave for that year. -> Is "That year" referred to the previous year (annual leave for year 2018)?

MNT
Member
Tue, 02 Jul 2019 11:02:20 AM
Originally posted by MNT on Thu, 27 Jun 2019 10:05:57 AM

Your statement quoted "find out the total number of AWOL during the year". I thought "the year" is refered to current year. 

Please correct my understanding on your statement as below:

1. The total number of working days during the past one year; -> Is it referred to previous year (2018)?

2. Find the total number of AWOL during the year;-> Is "the year" referred to the previous year (2018)? 

3. If the total number of AWOL is more than 10% of total working days, then he will not be entitled to annual leave for that year. -> Is "That year" referred to the previous year (annual leave for year 2018)?

Much appreciate if KL Siew or any experienced & qualified contributor kindly assist to enlighten this. Many thanks in advance. 

KL Siew
Administrator
Tue, 02 Jul 2019 03:58:40 PM

Best to consult the Labour Department.

MNT
Member
Sat, 06 Jul 2019 09:41:06 AM

As you advised for consultation purpose, much appreciated if you could kindly assist to advise the email address of person-in-charge Sarawak Labour Department. Thanks in advance.

KL Siew
Administrator
Sun, 07 Jul 2019 07:42:47 AM

Try this link. But you better go there in person and discuss the issue with the officer there.