Annual Leave Clearance


Dear HR Professionals,

Do we have the right to request for employers to clear their annual leaves or replacement off only during the "non-peak" seasons, subject to the approval of the management, so as not to disrupt normal operation flow?

What clause should we include under our employment contract in reference to the above?

Thanks for your advice.



Reply 1

In order to prevent rejection of leave, it might be good to plan the leave for the year among dept staffs to prevent all taking at the same time. It will be a win-win.




Reply 2

By right the company can request the staff to cleared uncleared AL with a deadline set to it. Some company give 1 year to clear all of it will others required half of the allocated AL to be cleared every 6 month. Staff can be encourage to clear their leave on non peak season base on management approval and also the SOP of the company. If the company have regulation and rules about clearing AL when signing contract or in employee handbook. It can be put into action, otherwise its all voluntary basis




Reply 3

Advice can only be given if you could elaborate the official working hours of this employee. Official means the working hours reflected in the employment contract




Reply 4

The usual practice is for employees to apply and employer to approve annual leave, based on mutual agreement. It is also common to dictate employees to clear their earned leave during certain period or have them forfeit by end of the year. The important consideration here is whether this is being administered fairly and equitably in the eyes of the employees. The implication arising out of this may be company’s culture and employees’ morale.

My suggestion for the employment clause for above practice as follows:

“The granting of leave shall be left to the discretion of the Management”.



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