My notice period is 2 months, and I have accumulated about 20 days annual leave still not consumed, I want to clear my annual leave before the end of notice period, but my boss requested me to complete some project work and didn't allow me to clear my leave, he said HR will encash it, but I do not want my leaves to be encashed. Can I continue to apply and clear my leaves? Is there any regulation in Employment Act for this?
Annual Leave is subject to employer’s approval and employer has the right to reject employee's annual leave (with concern of manpower shortage, operation need etc.) Nevertheless, employer would encash all your unconsumed annual leave in your last salary paid-out.
For your case, your employer may not approve even if you continue to apply your annual leaves during your notice period. Unless you would want to shorten your notice period by paying notice in lieu, you would have to work till the last day of your notice period.
