Serious question on pro-rated leave and getting leave back in cash
 

I need to ask a question.

my resignation to my company, is a 1-month notice resignation period. I submitted on 27 jan/

I am entitled 14 days of leave per year and I was planning to clear all my pro-rated year leave in 2014 during my 1-month notice period.

However, the company HR has notified me that as the leave is pro-rated, I would not be getting any leave, this is due to the fact that I submitted the resignation letter before the end of jan.

But I am required to give 1-month notice; technically speaking, that means my last day is actually 27 Feb.

Today is 18th Feb, from 19th Feb to 27 Feb, I am clearing time-off and my leave carried over from last year.

If the company does own me leave for this year, can I ask for the company to return me my leave in cash?

This is 100% based on company's policy. The best and correct person to ask is the HR people of your company.

If they want to count from your date of resignation, nothing you can do.
If they do not allow cashing in of leave, nothing you can do too.

Welcome to the world and wake up.

how much working experience do you actually have?

I am saying this because the HR people of my company are saying one thing and the Manpower rep (specializing in MOM policy) at my union is saying another.

Hi I resigned on 28th n serving one month n my employer asked me to encash instead of taking..

it's true. check the company policy which you signed.

which means you are only entitled to 1 or 2 days+ of leave for this year.

no such thing as having 14 days of leave when someone resigned on 2nd of jan. leave is for workers to take some time off with respect to worked hours.

Uhm, did you actually read my post? I did not say I wanted all 14 days of leaving.

Yes, you are right, as you've said, I am only entitled to 1 or 2 days + of leave this year - that is what I am saying and also clarifying, but my company HR says I am completely not entitled to any leave at all for this year, (except for what is carried over from last year), even though my last day is end of Feb.

I was asking that if I completed at least 1 month of work, I was wondering if there is pro-rated of leave for 1-month work, since I have been there for 2 years. I also did not say I resigned on 2nd Jan, it was 27th Jan, but my last day is 27th Feb.

According to my labour union rep, for example, 14 days of leave per year, so if you have completed at least 1 month of work, (which in my case, I did), my union rep says I should be okay to ask if I am entitled to:

(number of completed months of service/12) x annual leave entitlement

I calculated and it was 1.16 days.

My labour union rep has studied the MOM policy on this, and he checked on my salary and position with regards to Employment Act and he says I have a case but I checked with another friend whom is in HR department with a stat board, and he says I am not covered under Employment Act.

In any case, I decided to drop the whole thing.

Since your last day is 27th Feb, your pro-rated leave should be counted based on 27th Feb and not the day you tendered. I'm not from HR. But I've resigned so many times in my working life and this is how ALL my past employers calculated my pro-rated leave. It seems perfectly straightfoward and logical. I don't mean to be abusive, but your company HR is either stupid or out to exploit.

Welcome to the REAL WORLD. You are finally waking up by dropping the whole issue.

Not happy just move on. Union / MOM cannot do and will not do anything. (Not even your 13th month / AWS is compulsory) contrary to popular belief.

Hi Unregistered, I am not sure if you are the same person whom earlier made the remarks to "wake up". I am fully aware that the 13th month/AWS is not compulsory.

But there is more to this story than you realise.

It may be easy to say and tell others that "not happy just move on". but there could be extenuating circumstances that everybody face. Sometimes, when we quit, it is not by choice. We could have parents whom are in poor health. we might have siblings we need to put through school, some of us are the sole breadwinners of the entire family.

Because of this circumstances, I have become quite paranoid, I became obsessed with saving money and making sure I am full employed as much of the time as possible.

I did not want to quit, I loved my job, I actually want to stay, because I badly needed the salary. But I was forced into circumstances beyond my control.

I am not sure which "real world" you inhabit but in the world I inhabit, I need to fight for every right I can get because that mere few hundred dollars can make a lot of difference.

If that 150 dollar is that important to you, you wouldn't have quited your current job just because your new boss screamed at you. If it was that important you would have grabbed any job that came your way despite the pay instead of wanting to fight for a 500-1000 pay increment.