Questions & Answers
Claiming days of annual leave after getting paid for them
Hi.
Good day,
One of our employees filed for annual leave last October 30, 2018, although he still had not completed 1 year in service.
However, due to lack of manpower, we granted 10 days leave only and we paid 20 days for his leave salary. Now, he is saying that he is eligible to take that 20 days' leave but without pay.
If the company will not grant, the company needs to pay him an additional 20 days salary. Our company will not grant that leave as he has accrued leave days in his 2nd year.
Please advise if it's lawful to pay him?
Dear Sir/ Madam,
Thank you for reaching out to me on this.
Please note that an employee is entitled to 30 days of annual leave upon completing one year of service. Any leaves taken before one year are deemed to be unpaid leave.
However, since the employee has already exhausted his annual leave (leave plus salary) within the first year, he is not entitled to any further leaves till he completes the 2nd year of service in the company.
I trust you will find this helpful.
You can get in touch with me on 052-9495731 for further discussion and clarification.
Regards,
Hari Wadhwana
