Posted by
mdap
16 yrs ago
My maid has been employed for me for the past 17 months. Last xmas she took off 18 days and has of course every Sunday and entitled holiday off too. Last week, she "informs me" that she will take a month off from October 4th to November 4th as she is getting married! Her intended to be is an Indian national currently living in London and they have no plans (for yet anyway) to live together and my maid tells me she will return and wants to renew her contract. I am having doubts here. 1) I did not like the fact that she did not ask but told me she was taking a month off and 2) I foresee all told problems with this new relationship - her second marriage? Some advise me to let her go now and get a new maid, others tell me not to - so what do you lot think?
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I would definitely contact Immigration and do your research before going back to your helper. I assume she would have to take annual leave and by the sounds of it, she does not have any left. If that is the case, then it's up to you if you let her have the time off with full pay or leave without pay.
Once you have spoken to Immigration and researched exactly what the legal thing to do is, then make your decision and let her know.
Also she is not the one who decides on a new contract, that is your call.
If you don't want her to take the time off, tell her (I assume she has known about this for quite a while and now only tells you the month before?!) and then decide if you want to keep her on and renew the contract.
You are the employer, not her.
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I don't think that a month off for a newly wed is unreasonable (perhaps because it is what I took), but the way the she has gone about it is totally unreasonable. She cannot inform you, she should have had a discussion with you, especially given that she has already taken all of the leave to which she is entitled (I had to save my holiday days for my wedding/honeymoon).
Only you can decide if it is worth it. She's clearly prepared to risk being terminated. You are the employer, if you think you want her to continue to work for you, then go ahead and give her the extra leave. If you think that she now thinks that she holds all of the cards, then perhaps not....
As far as the relationship itself is concerned, I cannot see a problem there. I have never had a problem employing married helpers. Let's face it; most of us would have been in alot of trouble if employers had dismissed us the moment that we got married.
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cd
16 yrs ago
She should not have told you, she should have asked. Most people are not guaranteed the time off they ask for. She has already had her annual leave, so tell her she can have the time off but it will be unpaid, as you will have to pay a part timer to help while she is away.
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if her husband lives in London, she will be able to get a working visa pretty easily, once she has the visa, the helpers there are in huge demand (hence the number of helpers absconding from their employeers while on holiday in UK). So, my thinking is that she will not come back and even if she does, she will be off back to London pretty soon after that once paperwork is done. And who is paying for the flight anyway?
I dont mean to sound sceptical but I really dont think she will come back..
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mdap
16 yrs ago
Thanks - and Idsllvn - yes I agree with you. My brother took two helpers back to the UK when he returned home from Asia - they absconded within two weeks and the police just laughed when he asked if they would be found !
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mdap,
You and the FDH signed a contract that states various things including allowable time off for vacation. If either party breaks the contract then the other could terminate it. Both parties need to agree to renew a contract.
If your FDH breaks the contract terms and you wish to fire her you must still pay her flight and money owing to her. If you don't she can claim via Labour Tribunal (LT is separate to ID).
If she goes to UK without permission you should send via recorded delivery a letter to her (at your place) that you will terminate the contract as she has failed to undertake her work/turn up and stating you will pay her 'X' money owing to her and her return flight and keep the record of non delivery (don't sign for it yourself!!!). Send a letter to Immigration stating you have fired her and why.
If you let her go to UK I suggest you write down agreed dates from/to and get her to sign so there is no issue later if she arrives late etc.
Of course consider that if you are nice and let her go in 9 months she could be pregnant and its illegal to fire her for that.
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I just can't understand why so many employers allow their DH to 'tell them' that they are taking a month (or whatever) off! There are really very few jobs out there these days where the employee can do that. I know my hubby has been with his company for years and he has to take his leave when the company wants him to, whether or not it's convenient for us!
If a DH of mine just told me that she was having next month off, I'd probably retort "Oh no, you're not!".
To the OP: if your helper has no accrued annual leave, the decision is totally yours. If she does have leave accrued, I believe the decision is still made together and I guess the boss has the final say, as in other workplaces. For myself, if my helper asked me for leave and I had to say no, I would give a reason. Anyway, I personally always make clear before signing the contract that since my children are very young and in school I am not able to give time off during term time.
A last thought is that some helpers may not realise how that sounds in English. I don't necessarily mean the OP's helper, but I've heard similar stories before and have wondered if those particular DH realise they're supposed to say "I would like to" instead of "I'm going to".
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mdap
16 yrs ago
katana - thanks. This is not my first FDH so am well aware of the laws etc. I was disappointed with her (FDH) as in the past 12 months she has had 18days off, was repaid $3,000 she apparantly lost (I did believe her) and I felt this was just the final straw in taking advantage. SHe did not even speak to me (her employer) she told my partner when I was away on business ..... I think she has pushed the boat out too far this time ... thanks for all the comments ...
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Wow mdap! In this context, I think it's a no brainer. It would be different if she has been a superb helper and this had been a blip but it certainly does not sound as if she is worth ending over backwards for.
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