Under the Employment Act (Chapter 91), Section 43.1, an employee
who has served an employer for a period of not less than 3 months
shall be entitled to paid annual leave of 7 days in respect of the
first 12 months of continuous service with the same employer and an
additional one days annual leave for every subsequent 12 months of
continuous service with the same employer subject to a maximum of 14 days of such
leave which shall be in addition to the rest days, holidays
and sick leave to which the employee is entitled under sections 36,
42 and 44, respectively.
----> This means you are entitled to 14 days of leave.
Failure to do so is in contravene of Section 8 - Illegal terms of
contract of service which states that:-
Every term of a contract of
service whether made before or after 15th August 1968 which
provides a condition of service which is less favourable to an
employee than any of the conditions of service prescribed by this
Act shall be illegal, null and void to the extent that it is so
less favourable.
---> This means your employer has made an illegal condition of
service.
However, if you have not cleared your leave or other reasons, I
refer you to Section 43.5 and 43.6 which states the resctrictions
of claiming your leave.
I will like you to refer to this url:-
Employment Act
Please read up more from the weblink.
As I have only layman's knowledge of the Law, I will advise you to
seek a proper consultation with MOM or a lawyer instead of raising
this question in a forum.
Good Luck.
