leave now or later

Posted by maree123 (248 days ago)

my helper has told me that she needs to take 5 days leave in April for personal reasons. Can I ask her to work over CNY in exchange for the leave in April?

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Posted by Saikunga (248 days ago)

Only if it falls inside the 30 days that you need to give the days of in lieu - and seeing that March is in between Now and April then it would definitely fall outside the 30 day rule. So you cannot do this - you may be able to swap the days in Easter (which is in March).

Posted by aemom (248 days ago)

30 days or 60 days? I think the 30 days applies if you want to change the already agreed on alternative holiday.

From: http://www.labour.gov.hk/eng/faq/cap57f_whole.htm

Q3. Can an employer require an employee to work on statutory holidays?

A3. Yes. An employer is required to give his employee at least 48 hours' prior notice for work on a statutory holiday. The employer must then arrange an alternative holiday within 60 days before or after the statutory holiday. If the employer and employee agree, any day within 30 days of the statutory or alternative holiday may be taken by the employee as a substitute holiday. In this situation, an employer is advised to keep clear records of the alternative or substitute holiday taken by an employee.