Posted by
Vanille
12 yrs ago
Hi,
Need your advices.
My helper starting to work for us 3 months ago. she said she defintely want to go home this Xsmas. She did ask fo permission, she decided! This means I will have to take annual leave to take care of my kids! we usually go home in Europe once a year in Easter and our previous helper go back to their home too at the same period. No issue! If we take holidays for 3 wks in Easter in Europe, I am not willing to pay my helper for doing nothing while we are away. Since it seems she is not entitled to paid leave for the first 12 months, I will probably not pay her while she is away for Xsmas and ask her to use her holidays during Easter while we are away. Can I do so? basically she does not give us the choice for Xsmas, I have to take annual leaves because she decided to go without consulting us.
Pls advice I want to do legal thing, so she can not sue us. She is too smart I cannot trust her. Thanks for your help.
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Most of the time it's the employer who can impose something on the helper. So if the helper is forcing you to give her a holiday break, it's your fault for allowing her to do so.
Maybe she's trying to ask for a favor but came out as if she's dictating?
We have a good relationship with our helper and whenever need her during holidays, we just give her days off on a different date. But if she needs a day off and we can't give it to her, we're always able to explain it to her and she'll understand. It has worked well so far.
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Maybe both of you could come to a compromise. Let her go for a week from 22nd - 30th of December. That way, you only need to take 3 days annual leave at the most, but still have 9 days with your children.
Then you only need to cut 3 days off your Easter trip. You can get her to use up the other 5 days annual leave during the time you are away at Easter (her compromsie this time). The rest of the time, you could just get her to do some domestic chores around the house, letting her know that you will check on her from time to time, if you do not trust her.
I don't usually check on my helper when I'm away on holiday though. As long as she does the tasks I've set for her, I'm okay with her going out. There's really not much to do without the kids and without us home. A bit of give and take, I guess... especially if you feel that so far, she's done a good job.
It's nice to be able to give your employee a chance to decide on her holiday like how you decide yours... especially if it's only a few days sacrifice. Unless of course, your employer's not able to give you time off at Christmas for whatever reason.
Good luck.
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