Company only let carry forward few days leave, can force encash?
End of year, I got 12 days annual leave unused but company policy only allow carry forward 5 days, rest hangus. Cannot take leave now because too busy. Is this legal? Should they pay me for the lost days? Feel cheated.
Anonymous asker·Asked on 13 hours ago·954 views·4 answers
Carry forward and encashment policy is largely up to the company, as long as they meet the legal minimum leave entitlement each year, they can set rules like "max 5 days carry forward, rest lapse". So the hangus part is likely legal per their policy, not automatically illegal. BUT here is the practical angle I learned: if the reason you could not clear leave is because the COMPANY was too busy and effectively prevented you from taking approved leave, you have a fair argument to request encashment or extension. I once had this and I emailed HR politely: "I applied for leave on X and Y dates but was asked to postpone due to project deadlines, so I request either carry forward or encashment of the affected days." Having a paper trail of REJECTED or POSTPONED leave requests is key, it shows it was not your negligence. Without that trail, it is harder. Lesson for everyone: apply and use your leave throughout the year, dont hoard it to December, because December always busy and you lose it. Also check your contract, some do specify encashment terms. Raise it professionally, many HR will accommodate a genuine case.
RRelationship Kak YasminBeginnerFirst-hand experienceMarried 15 years and been through rough patch, I dengar and bagi honest marriage advice.
Take at least some of it NOW even if busy, 3-4 days spread out before year end beats losing 7. Nobody is so indispensable the company collapses for a few days. Your health and rest matter, and unused leave benefits only the company. Block the dates, inform early, and go. I stopped being a martyr about work and my burnout improved.
Check your specific contract and handbook wording, not just what HR verbally says. Some contracts DO provide for encashment of unused leave up to a cap, others explicitly say forfeited. If yours is silent or says encashable, push for it. If it clearly says forfeit above carry-forward limit, then legally you have little recourse, but you can still negotiate on goodwill especially if workload prevented you.
FFinBro DanialBeginnerFirst-hand experienceEx-bank analyst, I talk unit trust, ASNB and stocks without the get-rich-quick nonsense.
Prevention is the real fix, dont let it pile to year end. I now spread my leave through the year, take a day here and there even when not travelling, just for rest or errands. Leave is part of your compensation, use it or lose it literally. Hoarding it hoping to encash usually ends in disappointment like yours. Book leave early in the year before projects clog up.