Recently I submitted my resignation notice as well as requesting my annual leave days. My employer informed me that I can’t claim those leave days, because I don’t meet 80% of days attended. I wanted to double check if this is correct, but couldn’t fully understand the documents I could find about it.
The situation is as follows:
Start of contract: 15th of April
Resignation: end of November
I was asked by the company not to work during May and June because I was transitioning between student and work visa (student visa expired before I got my work visa). Now other than this period I’ve had perfect attendance on the days I was actually supposed to work.
Now I’m a bit unsure of whether or not I still have a right to annual leave, or if I’m losing those because I don’t meet the requirements regarding “continuous employment” or 80% attendance.
Could anyone shed some light on this or point me to helpful official documents?
1 comment
Not sure this is helpful, as following your company policies on this are going to be the ONLY correct answers to your case, but there’s generally a grace/probationary period of half a year equivalent of working days on a new contract before an employee can claim paid leave (assuming that’s what you mean for annual leave). Given that you started working April 15, were on contract but do not have record of working May – June due to visa switch, and are resigning in November, I’m not sure you’ve accrued enough work days to claim paid leave, which is my guess for ‘not meeting 80% of attendance’.
Talk to HR or get professional consultation. I wouldn’t jump to conclusions yet on whether your company is stiffing you just yet with this information.