I am being deprived of my annual leave, what should I do?
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Eninwase is a 27 year old graduate of Zoology from one of the Nation’s Universities.
She works at Arenije Nigeria Limited. Arenije Nigeria Limited is a service providing company with some element of products sales. Arenije Nig. Ltd has staff strength of about 20.
Eninwase was employed at Arenije Nigeria Limited on 1st of May 2012 as one of the public relations staff. Since then Eninwase has neither been allowed to go for her annual leave nor received any payment either in lieu or as leave allowance.
Eninwase approached her employer concerning her leave, and the best she got (with a stern face form her employer) were excuses after excuses, and ample reasons why she should still hold on for an ideal time to go for leave.
This development bothers Eninwase, especially when she realized that granting annual leave to staff is a nightmare at Arenije Nigeria Limited.
It is as a result of this that Eninwase seeks our advice on what to do to enable her earn her annual leave and also get her leave allowance. She is not ready to quit the job since she has no other job for now, yet she wants her entitlements- Leave and Leave Allowance.
Kindly send your contribution/Opinion and advice to Eninwase between now and Wednesday, after which I will wrap it all up with my next edition of HR Desk, where I will discuss extensively on annual leave, it allowances, and the legislations surrounding it.
Always remember “In learning you will teach, and in teaching you will learn”.
Leave is not just for pleasure; it is taking a rest (break) from lengthy work-time. Statutorily, an employee is entitled to 4weeks/20 work day which is the minimum as stated and could get greater right if an organization so wish.
In the case of contract employees, the party who pays the wages (punter Company) is the owner for the purpose of the Act and is responsible for providing the right.
It is for your employer or supervisor to decide when annual leave may be taken, but this is subject to a number of condition. Your employer must take into account your responsibilities and opportunities for rest. If per adventure Eninwase filled a leave form at the beginning of the year, like most company do, and a certain month was chosen by her, should the superior officer feels it necessary Eninwase stays back that month, then he/she ought to have consulted her and given her reasons why other months will do and not by giving excuses.
The following will buttress my take:
a. What is the timeframe given in her contract of employment that she is entitled to leave (usually one year is given but we never can tell if she has another “time frame” written in her contract of employment…though she is over a year, if a year is what she has on her letter then she is eligible.
b. Considering the staff strength (20), Eninwase did not tell us if the volume of work in her company is always much and directly has to do with her job description. I f yes, then the employer has a reason to frown though not at the detriment of a staff not going on leave
Finally, Eninwase should meet the employer or supervisor and give reasons why she should go on leave as stating statute at this point may affect her stay in the organization (expressly). Considering the fact that employees’ “thinking” cannot supersede that of organization, I would advise her to keep working and wait for the “right” time to go on leave. Also, she is still young on the Job and press for leave may mean un-seriousness to the employer. So Eninwase why not just press for the leave grant for now and you wait for the leave which I am sure will come soon.
My conclusions may sound unreasonable but in the facade of cross-roads, it is better to stay put to avoid complications.
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