HK Employment Ordinance / Annual Leave

One of my employees is claiming that it is contrary to the Employment Ordinance to grant annual leave for single days (i..e to take a long weekend) and that Annual Leave must be granted for a consecutive period, subject to some flexibility:


If Annual Leave entitlement is over 10 days, then employee should take at least seven days consecutively, with the remainder of entitlement to be taken as desired (as single days for example).


I can certainly understand if the law said that an employer must allow employees to take leave in an unbroken block, if desired, but they way the ordinance is worded seems to suggest that employees MUST take a certain portion of their annual leave as consecutive days, even if they don't want to.


Anyone have thoughts?


Relevant section is here, in case anyone is bored..

http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/04.pdf

Annual Leave is Section 41AA of the Employment Ordinance. I have just had a quick glance and cannot see anything to support what your employee is saying.


For some strange reason, most of the staff at my place of work (locals) are very loathe to take holidays and always want to have a day off here and there, which we always approve.


I think it's something discretionary between the employer and the employee. As long as they take their leave that is owed to them, I really don't mind when they take it. BUt it certainly is not contrary to the Employment Ordinance as far as I am aware.

Thanks. I think the relevant section is 5(b) and 5(c) with respect to leave shall be for an unbroken period.


(5) Annual leave to which an employee is entitled-


(a) shall be granted by his employer and be taken by the employee within

the period of 12 months beginning immediately after the expiration of

the leave year to which it relates;


(b) subject to paragraph (c), shall be for an unbroken period; and


(c) subject to subsection (9), shall, if the employee so requests his

employer, be divided as follows-


(i) where the leave entitlement does not exceed 10 days, it shall

be granted on consecutive days except that not more than 3 days

of the period of leave may be granted on any day or days

(whether consecutive or not); and


(ii) where such entitlement exceeds 10 days, 7 days of the period of

leave shall be granted on consecutive days and the remaining

leave may be granted on any day or days (whether consecutive or

not).

I've had a chance to have a proper look at the ordinance and what your employee is saying actually appears to be correct.