Benefits During Failed Probation

Dear HR Community,

We have an executive whose salary is more than $3500 per month who has failed his probation.

He was not entitled to any leave (medical and annual) during the three months probation as stated in his employment contract. (Please view a similar question in our archive - Annual Leave Eligibility and Entitlement)

And when his probation was subsequently extended to six months he was still not entitled to any benefits during the extension as stated in the terms and conditions of the employment contract.

However, my understanding is that when his probation is extended, he will now be entitled to benefits such as medical and annual leave for the six months he has worked.

This is even if he is going to be terminated after his probation since he has worked for more than three months, the initial probation period.

Am I right?

Thank you for your replies and advice.



HR Poll: Is the employee entitled to benefits i.e leave for his entire probation period?

Yes: 80.60%

No: 8.96%

Maybe: 5.97%

Not sure: 4.48%




If you are covered by the Employment Act and have worked for at least 3 months, you are entitled to annual leave. - Jamie

Dear Christina, my understanding is he is entitled to ALs and MCs as per your case. And his last pay shall include the encashment of the entitled ALs that he did not use. - Yang

His leave entitlement benefits will start after 3 months of employment regardless of probation/confirmation status. - Amanda

He is entitled to sick leave once he has worked more than 3 months regardless of whether he is a confirmed or unconfirmed staff. - Wendy

Staff is entitled to mandated benefits once they worked for at least 3 months with the employer. - Violet

Review and update your employment contract (EC) as the clause stated in EC will implicate the company. Please use the definition as per EA in your contract. - May

Yes, based on my understanding, once an employee has served the company for more than 3 months, he/she is entitled to annual leave and medical leave. - Jasmine

The Employment act provides for leave entitlement for whoever achieves a minimum of 3 months of continuous service with the same employer. - PY

Yes. He is entitled to medical and annual leave after he has completed 3 months of service with your company even if he is not a confirmed staff. - Jess

Yes, after 3 months of employment. Same as medical leave. You can check the employment act under annual leave. - Kat



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