Helper refuses to go for holiday

I have signed the second contract with my helper in February 2011. She said she did not want to have her 2-weeks leave then and said she'd rather do it within 12 months. I did not mind as I checked with the Immigration department that it is OK.

I later offered her to go home for 2 weeks in May -- she rejected saying that she'd rather do it later still. I asked if she wanted to go in June-July or perhaps at Xmas. I said that she needed to tell me when exactly she'd like to go as I need to arrange for my mother to come and help me while she is away. To my surprise, my helper told me that she'd rather not have her 2 weeks leave at all and get cash (2 weeks salary + the value of the return ticket). I don't mind, although I find it very strange that she does not want to see her kids back in the Phil. I questioned her about the reason, she replied that she'd need to give a lot of presents and money to her relatives, and she'd rather save that money and go back home after she finishes the second contract with me in Feb 2013. It's her decision, no matter how weird the reason looks to me. My question is: is it legal? Can I pay her 2 weeks salary + the value of a return ticket to Phil? I don't want to break any law here. If anyone knows for sure, please advise.

I would email IMM, explain the circumstances, is it alright for her to have money instead of leave, and if they say it is OK, then make her sign a statement to say she has received money instead. I have heard of other helpers who are frightened to return home as their families get so demanding, not just the immediate family but extended family as well.

not sure on legality, but her reasons sound very valid to me.

Yep, I agree that her reasons are valid. Whenever I go back home for a visit, almost my entire suitcase is filled with gifts for family and friends, and they aren't cheap once you add them all up.


Given that she earns very little here, she'll probably use them all up buying gifts for her family/friends back home. If she stays on, she'll be able to save.


My helper has refused leave as well. I told her my mum was coming and asked if she'd like to take her annual leave and she said no. She helped me out for two sundays in the past year and I asked if she would take them when my mum was around, she said no again. I asked if I should pay her and she said she'd like to keep these leave at a later date. I told her it was fine but please give me ample notice because I have a baby to take care of and I need to make sure I can take leave from work.

Thank you all for the comments. It is helpful indeed to see the reason she provided is so common in the DH community. It is sad though to know that the helpers work hard and instead of using the money for themselves and their immediate families, they give it to cousins, second cousins, neighbours, etc.


I still need to know how I should go about it in order to have everything done in accordance with the law. I understand that she can exit to Macau and her new visa will be activated. Do I need to ask her to sign any documents that instead of taking leave she willingly received 0,5 month salary and the air fare? After having read a lot of stories on this web site, I do not want to risk getting sued, even though my helper is a lovely person who'd hardly do it. I just don't want to take any chances.


I will try to call Immi, as Susie1 suggested, to have it black and white.

My helper is Indonesian and has only her maternal uncle and his family left in Indonesia who treat her like their maid when she goes to visit so she ends up working harder on holidays than with us! Her parents have passed on, she has no siblings and is single. In January when we went on holidays, she took a holiday but went to Sri Lanka to visit a friend and spent the time hiking and sightseeing like regular people do on holidays. Just because she has holidays, it doesn't mean she has to return to her family. Ours hasn't set foot in her home country in 5 years! If she wants to take a holiday on her own terms but is scared her family will find out and be angry, you could promise to not tell!