“I am Afraid If I Ask For a Leave, Someone Else Will Replace Me,” HR Advices

By Elizabeth Benu,

“I have been working in a small company for more than an year now and I seriously feel that it is time for me to take my annual leave but am afraid if I ask my employer,I may be replaced. What should I do?”

This is a dilemma Calvin Musyoki* is facing. And since it’s his first job, he is confused about how the whole annual leave works and if he can afford to take one.

To break it down a little bit, Annual leave is a period of time off work that an employee is entitled to after every 12 consecutive months of service with an employer. Under section 28 of the Employment Act, annual leave is 21 working days during which the employee is entitled to full pay.

Speaking to Martin Githaiga, a HR Officer at Corporate Staffing Services, he sheds some light on annual leave and what it is all about through a few Q&A’s:

Who is entitled to annual leave?
All employees after serving probation period in a company are entitled to annual leave. This also means that if you are employed on a temporary basis but have worked for 12 consecutive months you are entitled to annual leave. Where the employee works for less than a year, the number of days will be reduced accordingly.

Must I take all days at one time?
It is not a must but it is usually up to the HR department to come up with a schedule on how leaves in a company are to be taken and it usually varies between companies. It is easier if you know how your company leave schedule is so that you can choose the best time.

Should I get paid for taking my leave? Is it full pay?
An employee is entitled to full pay during annual leave by his employer. Various amounts are specified to different industries.

Does annual leave include any other holiday or leave days?
No. Annual leave is exclusive of public holidays or weekly rest days

What happens if my leave is carried forward?
In a case where annual leave is not taken within the12 consecutive months of service, the leave should be granted and taken not later than 18 months from the end of the leave earning period which is the 12 months. If it is not taken within the next 6 months, an employee will forfeit the accumulated leave.

If I decide not to take my leave can I get paid instead?

Yes, leave can be changed for cash but this is usually under the discretion of the company and not that of the employee

Do casual employees get annual leave?
A casual employee is an individual whose payment is at the end of each day and who is not engaged for a longer period than twenty four hours a day. Casual workers are not entitled to annual leave but if they work for six days they are entitled to rest on the seventh day.

A casual worker is entitled to annual leave only when they work for more than three months in the company are they entitled to the annual leave.

What should I do if am denied my annual leave in a company without any compensation?
If the leave has been denied for no good reason and without pay then it is your right to go to a labour office and lodge a complaint against your employer.

As the famous adage goes “all work and no play makes Jack a dull boy”, every employee is entitled to paid annual leave after working so hard, it’s only fair.

What’s your take on this topic?

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