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Is new staff under probation is entitle for annual leave?

Fri, 11 Oct 2019 11:12:05 AM  (Last updated: Fri, 11 Oct 2019 04:55:28 PM)

Hi there,

I have a new staff joined at 7th August 2019 and she entitled 12 days for her 1st 2 years service. 
However, she tendered her resignation letter on 7th October 2019 which is still under probation and her last day will be on 11/10/19.

There is a clause in our letter offer saying that.

"Associate whose service is less than twelve (12) months shall be granted pro-rated annual leave during the calendar year in respect of service during the same year. Application for annual leave from associate under probation will be considered on merit of individual case. If leave applied for exceeds earned leave, the exceeded leave may be deducted as unpaid leave"

During this period, she have taken: 

29/8/19 - EL 
30/8/19 - Unpaid leave
10-12 Sept - Unpaid Leave (3 days)
4/10/19 - EL

EL reason : Lack of sleep (Insomnia)
We have deducted 6 days in Sept but found out we deducted 1 extra day which we will replace it in Oct'19. 

My questions are: 
(a) Is she entitle for the annual leave during her probation period? If yes, is her prorated leave should be 2 days started from 7th Aug? 
(b) Is the reason for her EL is acceptable? There is no doctor's letter given. Can we treat her EL as annual leave deduction or unpaid leave? 

Thanks in advance. 

KL Siew
Fri, 11 Oct 2019 04:55:28 PM

1. She is entitled to 2 months prorated leave. Section 60e of the Employment Act:

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.

2. EL can be treated as no pay leave.

  This topic is closed