Incorporating Employment (Amendment) Act 2022
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Frequently Asked Questions
TOPICS

Employment  >   Annual Leave
 
expand    Can an employee off-set the notice period for resignation with the balance of annual leave?
The employee is entitled to utilise the annual leave entitlement during the notice of resignation
 
expand    How to calculate the payment in lieu of annual leave?

​Calculation of payment in lieu of annual leave is based on wages at ordinary rate of pay (ORP) i.e.

 
 
           Monthly Rate of Pay 
           ----------------------    =   1 ORP  
                    
26 days

 
 
expand    Is a probationer entitled to paid annual leave?

​An employee (including a probationer) is not entitled to take annual leave during the first year of his service. However, if the employee resigns or being terminated/not confirmed prior to the end of the first year of service, the employee is entitled to utilise or be paid in lieu of annual leave which shall be in direct proportion to the number of completed months of service. [section 60E(1)]

 
expand    Is an employee entitled to payment in lieu of annual leave not taken at the time of termination of service?

​The employee who resigns from service or whose service is terminated otherwise than for misconduct is entitled to paid annual leave in direct proportion to the completed months of service during the year in which termination takes place and the employer shall pay the annual leave wages in respect of the balance of annual leave.



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