Special Leave

I am a legal foreign worker in Taipei for about 4 years now.
I am resigning from this company on May 1.

Based on your Labor Laws and Regulations Article 38, I am entitled to ten days special leave this year.
I have already used up 3, so there are still 7 remaining.
I submitted to my manager my Leave Form for the 7 remaining days, and today he came back to me saying that I could not use so much of the special leave.
According to him, the company has a right not to approve of the days I wanted to take the special leave.
He said he will only grant me around 3 days.

Is this legal?

Just guessing here, but most companies I have worked for state that although I have the ‘right’ to leave (annual and others), it is still up to me to apply for that leave and come to a mutual agreement as to when I go.
Meaning, I can’t take 4 weeks off in a row duing a critical phase of the project, for example, just because I have enough leave entitlement to do so.

While I can see you point of view, I am wondering if they are still within their rights to restrict your special leave request based on operational concerns, just as if they would if you hadn’t resigned.

In my experience, it’s always best to try and clear leave and other benefits etc before you hand in your notice, for this very reason.

just guessing …

would your leave time possibly be reduced since you are not going to finish the work year? ie you are only working 5 months (5/12 of original), so you only get 5/12 of the original leave time?

Thank you for your replies.

I signed the contract April 15, 2002… For 2006, this company only allowed me to take 3 days off between January 1 and April 15 since the “annual” contract has not been completed. I could only take 7 days off after April 15, 2006…

From my understanding, the 10 days special leave is my “benefit” for working between April 15, 2005 and April 15, 2006

The point is that if I didn’t quit the job, they would have allowed me to take the 7 days off…