Posted by
WWcC
16 yrs ago
I really don't understand the difference between annual leave and vacation leave - can someone explain and correct my understanding?
Annual Leave for a DH - entitled to 7 days paid 'after' working 12 months - right?? Therefore if he/she has not completed 12 months, they are not entitled to annual leave??
Vacation Leave for a DH - entitled to 7 days - can be paid or unpaid (depending on contract). Entitled to it for each year of service (on a scale) - ??
So in effect, the first year of service the DH is entitled to 7 days vacation leave and the second year he/she is entitled to 7 days vacation leave and 7 days annual leave - is that correct?
As for sick pay - if the DH has a sick day (one day) and cannot produce a doc's cert but claims they were sick and went to a doc but 'can't recall' the name of the doc and say no receipt for medication etc, are they entitled to pay? Also, what's the entitlement for sick pay days. Any info on this would be helpful.
Please don't refer me to a website etc, I just want a basic answer from those who know the legal entitlements.
Please support our advertisers:
WWcC
16 yrs ago
Really appreciate an answer to this!
Could someone please confirm my understanding is correct with annual leave and vacation leave i.e. Annual leave entitlement 7 days after serving 12 months and vacaton leave 7 days from day one, entitlement pro rata.
Please support our advertisers:
MayC
16 yrs ago
She's entitled to 7 days annual leave in her first year right? I don't think I would make her wait until she's completed 12 months. If you were in a job and your employer won't let you take annual leave until a year later, you'd be really upset. So I think it is okay to give it to her. However, if you want to do it the legal way, then yes, you can pro-rata it based on how long she's worked for you.
I think helpers are entitled to 3 kinds of leave:-
- Annual leave (7 days)
- Statutory holidays (I think there are 12 of these per year?)
- Rest days once a week
The rest are discretionary.
Regarding sick leave, I don't mind if she takes one day leave to recover. It's good for you and her. I mean if she gets sick once a blue moon, I think it's okay. Sometimes I don't see the doctor either when I'm sick. Resting and sleeping is enough. In Sydney, the doctor gives you 3 days. You only get suspicious if she gets sick all the time and can't produce anything. Legally, I guess, yeah, she should give you a doctor's certificate and being sick shouldn't affect her pay. Maybe you could let her off the hook the first time and tell her that next time, you need a doctor's certificate or you'll treat it as an annual leave. Remember that you have to pay for her doctor's fees but it's claimable from your insurance company.
Please support our advertisers:
Vacation leave is a minimum of 7 days outside HK at the end of a contract before a new one starts. Read Clause 13 of the actual contract you signed - I assume you chose one of the two options?
The wait 12 months for leave is fairly common in HK employment (non FDH) contracts.
The employer can choose the doctor the FDH goes to not the FDH so she should talk to you before going.
Please support our advertisers:
FKKC
16 yrs ago
Usually it's done like 2 weeks' vacation (14 days) after DH finishes her 1st contract......paid airfare to her homeland and back, then she starts her 2nd contract with an extra day each year added to her entitled annual leave.
As to doctor's fee, most DHs prefer to go to doctors of their own race and it's not very expensive - $200 to $300 depending on the sickness. From my experience, they seemed to recover better than being send to local doctors - must be in the mind and cheaper too. Good for the employer, namely myself as sometimes it's such a drag to claim the tiny amount so I just pay her and leave it at that (lazy on my part). Of course I am talking about minor illness - nothing serious (touch wood).
Please support our advertisers:
It shouldn't cost anything - my helper insurance covers medical
Please support our advertisers:
WWcC
16 yrs ago
My reading from the practical guide for employment of FDH reads as follows:
How many days of annual leave should be given to a helper in a year?
A helper is entitled to paid annual leave after serving every period of 12 months with the same employer.
This means that after the FDH has been employed 12 months they are entitled to 'annual leave'
Should vacation leave be granted in addition to annual leave? Is it paid or unpaid?
Vacation leave of not less than seven days should be granted in addition to the helper's entitled annual leave. However, whether this vacation leave shall be paid or unpaid would depend on the term agreed in Clause 13 of the standard employment contract.
This therefore means that the FDH is entitled to 7 days vacation holiday from the date they start to work and obviously if they've only worked 2 months they will be pro rated.
What I'm trying to establish is : my FDH wants a week off at christmas and therefore we are giving it to her (vacation leave) and when she completes her 2 years, she will be entitled to 7 days annual leave (plus 7 days vacation from her second year of working). Is this correct - Please advise.
Please support our advertisers:
NO!
Vacation Leave = ONLY the time when the FDH returns home between contracts. (The FDH must return home between contracts unless ID give permission to defer). The Vacation Leave is a minimum of 7 days but can be more.
What you wrote in the contract under Clause 13 will state whether this is paid or unpaid.
Annual leave can be taken anywhere, in your house or in HK or overseas, it is up to the FDH and the employer does not have to pay any ticket (a ticket is only due at the end of the contract). If they work less than 12 months it need not be pro rated, they are not entitled to any before 12 months have been completed. If they want time off before working 12 months the employer decides if they will allow.
Please support our advertisers:
WWcC
16 yrs ago
ok so where do we stand then. FDH is with us since August 1 this year (just over 3 months). She wants to go home at Christmas from 22 Dec to 30 Dec. (5 days holidays). We are not paying for anything, no flights etc. Therefore at the end of her contract she will be entitled to 9 days. Correct?
Please support our advertisers:
WWcC,
You do not have to pay her for the 5 days she is away (but I bet she expects you to) you can deduct it from her salary. Then at the end of Aug 2009 she has accumulated 7 days and a further 7 days at end Aug 2010. If you then renew her contract she is entitled to 14 days vacation leave which you only have to pay for if you indicated in Clause 13 of the contract that it was to be paid leave. However she does have to be out of HK for a minimum 14 day period.
Once she starts the second contract annual leave increases to 8 days per annum of paid leave for yr 3 then 9 days for the fourth year.
Personally I would deduct the 5 days from her salary so she knows that you fully understand the regulations. Once she has proven herself after being with you longer you can give her longer paid leave if you wish.
Please support our advertisers:
WWcC
16 yrs ago
Hat Trick, that's exactly the explanation I was looking for. Thanks.
Regarding Clause 13 - our contract was completed by an agency who did not indicate whether the leave was paid/unpaid (basically left open) and unfortunately I didnt read it that close as was done in a rush. I know I'll probably be told it now depends on the agreement between the employer and the employee but of course the employer wants it to be 'unpaid' and the employee wants it 'paid' so if no agreement then what?
Please support our advertisers:
stick with the law. talk to the agency and sort it out as soon as before trouble brews. ask the agency to draft and add an amendment clause to clarify this matter.
Please support our advertisers:
For what it is worth, if your helper terminates or is terminated after three months she is entitled to a pro-rate payment of 2 days annual leave. If she has worked six months it will be four days. So I guess that means your helper can ask you to pay her for those days that correspond with her length of time with you, however I am not sure as I have only dealt with this issue in reagrds to termination payments.
Please support our advertisers:
cd
16 yrs ago
A helper is entitled to 14 days paid leave per contract, going up by 1 day a year for each contract signed after, that is the minimum. However you can give as much paid or unpaid leave as you like.
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail