*如果所计算出来的年假不到一天, 少过半天将不被理会, 而超过半天者就当作一天。
*还有, 若雇员在十二个月中没有好的理由而缺勤超过十巴仙工作日的总日数, 他将无权享有年假。
Q: If an employee applies for annual leave without obtaining the approval of his superior, is the company obliged to approve such annual leave?
A: Annual leave is only approved by the superior of the employee. The employee must obtain such approval before he goes on such leave. The mere submission of a leave application form is only an application but obtaining the approval is a MUST.
- 由于劳工法没有提到年假可以保留到下一年，因此这需要看公司的政策。有些公司的policy 会说明用不完的年假将会forfeited，有些则能够带到下一年。
Employment Act 1955
(1) An employee shall be entitled to paid annual leave of—
(a)eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;
(b)twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and
(c)sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more,and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service:
Provided that any fraction of a day of annual leave so calculated which is less than one-half of a day shall be disregarded, and where the fraction of a day is one-half or more it shall be deemed to be one day;
And provided further that where an employee absents himself from work without the permission of his employer and without reasonable excuse for more than ten per centum of the working days during the twelve months ofcontinuous service in respect of which his entitlement to such leave accrues he shall not be entitled to such leave.
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