How many days of Annual Leave am I entitled to?

A reader of this blog wanted to know the number of days of Annual Leave an employee would be entitled to. The employee had started work with the company on 15/2/2014 and then had resigned on 16/1/2017.

This note is actually from the reply I gave to an original question (in Bahasa Malaysia) posed by a reader. I am translating it into English for the benefit of those who are not able to read it in Bahasa.

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1. Section 60E of the (Malaysian) Employment Act 1955 states that an employee is entitled to a certain number of days of Annual Leave based on the length of his/her employment with the company:
(a) 8 days per year, if the employee has worked for the company for a period of less than 2 years;

 

(b) 12 days per year, if the employee has worked for the company for a period of 2 years but less than 5 years; and

(c) 16 days per year, if the employee has worked for the company for a period of 5 years or more.

In this instance, the employee had worked for 2 years and 11 months i.e. more than 2 years, so the employee would be entitled to 12 days of Annual Leave (as per (b) above).

keep-calm-im-on-annual-leave

image credit: http://www.misa.org.za

2. I am not made aware of the questioner’s company’s prevailing policy with regard to Annual Leave entitlement. Accordingly my answer is only based on the provision of the Employment Act on such a subject.

3. Of course there are companies that have different rules in place. Company A may have it spelt out in its Employee Handbook, Company B may write it down in the employee’s Contract of Appointment, Company C will abide by the clauses laid out in the Collective Agreement (the agreement between the company and its employees’ union). Such being the case, the number of Annual Leave that an employee is entitled to will be in accordance with what such document states.

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About rahmanpin

sharing basic things in employment matters
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