Annual Leave Question - URGENT

Our helper who started working for us 6 weeks ago asked us if she could go back to the Philippines on holiday for 2 weeks. Her reason: Grandma is sick and her daughter is graduating top of her class.


Previously she was working for another family and she was made redundant after 10 months (released on good terms) and we filed the visa papers while she remained in Hong Kong.


Since she never left Hong Kong and we took her on a 2 year contract, what is she entitled to?


According to the Labour Ordinance a FDH is entitled to 7 days annual leave after working for the same employer for 12 consecutive months. The FDH is also entitled to a one-way ticket back to her home country at the end of the 2 year contract.


Does the above rule apply in our case?

Yes I think it will. You have started her on a new contract with yourselves. She should have got a home ticket from her former employers when she was made redundant. She is not however entitled to 2 weeks. You could give her 1 with pay as her annual leave (although early) but tell her the second week is without pay. You are a new employer for her new contract etc so all the normal rules would apply.

We have just been through something similar at the labour tribunal. Our helper went home for over 2 weeks at the end of one year. He swore blind to the judge that he had been 'forced to go back' and this did not count towards annual leave.


Although he had not worked for us for 12 full months - the judge ruled that paid leave is paid leave - was he working, no, did he get paid, yes, it was very simple.


You need to get in writing, according to the judge, that she is going home for two weeks, that she is being paid, that this is her annual leave. If not, make it clear she will not be paid. (Although the judge ruled to us, he made it clear we should have kept much better records)


Remember - you do not have to release her for a holiday. It is your decision. She has to work for a year before she is allowed one, and she signed with you knowing that to be the law.


Having just had a bitter court experience, my advice would be to be clear, give her her options in writing, and if unsure, visit the labour department. They have many excellent leaflets on the law, you can point out the law and your knowledge of the law.