QUESTION

Dear all,

We have an employee who joined on 5 October 2015 and her probation is due on 4 Jan 2016. However, today i.e. 23 Dec 2015 she tendered her resignation. Based on 2 weeks’ resignation notice period, her last day is on 5 Jan 2016.

Under the MOM employment guidelines on annual leave entitlement, staff is not entitled to annual leave unless they have worked for at least 3 months. As such, for this case, this employee should not be entitled to annual leave since she tendered her resignation wef 23 Dec 2015. Please advise. Thanks.

CW

REPLIES & COMMENTS

REPLY 1

You are right. She should not be entitled to annual leave since she did not work for at least 3 months.

NL

REPLY 2

In our company’s policy, annual leave entitlement is subject to confirmation of appointment, after the probation period. So as long as the staff is not confirmed, staff will not be entitled to annual leave or any other benefits. Hope this helps.

Jennifer

REPLY 3

We’ve to give staff his prorated leave entitlement as he worked 3 mths 1 day (more than 3 mths).

SL

REPLY 4

Have to give prorated AL, if from first working day until last working day > = 3 months.

Regardless when he/she tendered.

Carol