Deferred leave

I am trying to hire a "Change of Employer in HK" FDH whose current employer will be leaving for good.


Assuming everything goes well, she either has the option to take her leave before the new contract begins or defer her leave within 12 months.


My question is, if she defers, is the eventual leave that she takes PAID or UNPAID? I would have thought unpaid since this is the leave she would have taken before the contract began and that she is only entitled to paid leave after one year (or however long it is) of the contract. She has asked for 2 weeks in middle of next year, which she would not be entitled to so fast.


Any thoughts? Thanks.

deferred leave is unpaid. for eg. if the current employer signs a termination letter dated 1 dec then FDH is not entitled to work (till she gets a new employer) nor she is entitled to get paid after the termination date.

It depends whether YOU want her to start working immediately or SHE wants to start without having had a break. When I hired my current helper, I desperately needed her to start right after her contract was finished back in February. She wanted to go home first and come back 2 weeks later, the 2 weeks leave would not be paid by me. Eventually, i promised that if she did not have a break between the contracts i would give her a PAID leave for Xmas. This was my bargaining power and she agreed.

I had a similar situation, with my Dh last year, her previous employers had been transferred to Singapore, they had already bought her a return ticket home to Fils for Christmas,before they knew they were moving away. We had to wait till her papers with IMM were processed before she was allowed to work for us or stay in our home, her contract started mid-November, and she took the holiday for two weeks at Christmas, we actually paid her wage for the whole month of December, because we felt sorry for her and didn't know her well then. If we dismiss her before her contract ends we will be liable for not only the return fare to Fils, but the ballance of what a return ticket is as well, because her last employer paid for a return ticket, but as she already has had 2 weeks holiday - wages paid while she has been with us, so is not theoretically entitled to any more holidays if she did last till the end of her contract.