Posted by
lmarwick
12 yrs ago
My helper is just finishing her 5th year with us. We will be leaving the country so will not be renewing her contract. We will be paying her the long term service leave but she has also asked for her annual leave money. We paid her a weeks leave in the first year but not since. Each year we have gone on extended summer holidays and when we offered to send her home she wanted to stay in HK as she had no money. She was still paid but was not required to do any work, apart from checking on the apartment every so often and buying food before our return. Do we still need to pay her the annual leave?
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Hi there, thanks for the reply. I didnt mention we are paying her money for 2 return flights as per her entitlement on top of her long term service leave. What we are unsure about is whether we still owe her annual leave as she has not worked Saturdays for 5 years and has already received several weeks off each year while we were away.....
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I think the problem is whether your helper understood that whilst you were away that was her vacation leave, and she was welcome to either go home to the Phillipines or stay in your home/go to a boarding house with her friends ect. If you had this understanding, then no you don't owe her holiday leave however if you never discussed this then unfortunately, you need to pay her out because she's technically working during this time whether or not she does a lot or very little work.
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