Deferred Leaves of FDH

[rahulrky]

I hired one FDH and this FDH when joined me has completed her contract from previous employer and hence was entitled for the Leaves to go back to Philippines but she deferred the same and joined me in the month of August 2011 - Date of starting her contract is 02-Aug-2011.

Now she wants to go on holidays in the month of December and wants me to give her 17 leaves all paid with all expenses paid to and fro Philippines.

On HK Immigration site I found that she is entitled for 7 annual leaves (eligible for Payment) after 1 year of contract so I have following queries -

1) Can she get 17 days leaves; if yes then do I need to pay even for her absence from the work
2) How many annual leaves she is entitled for and how many can be adjusted for this period
3) Do I need to pay all air fare of her visit or only one way?
4) Is she eligible for any travel allowance e.t.c.

[Satay Sue]

Not sure about legality but we paid for FDH's return airfare as it takes such a chunk out of her salary plus her salary while she was on leave. I don't understand why your FDH thinks she can defer leave from a previous employer to a new one though, seems very strange to me!

[carang]

ok
(1) you do NOT pay for her entire airfare. you pay 1/2 of it. her previous employer will have already paid her for 1/2.
(2) it is perfectly legal to defer home leave. many people do it. we have done it each time we have hired a helper.
(3) she is entitled to 2 weeks holidays (14 days from her previous employer), so really she is only asking for 3 more days (some of which she will have already earned from working for you).
(4) you not only pay for her airfare to manila or where-ever, but you must also pay her to get to her "home" so if that is far away from the airport, then you pay her for the bus or whatever form of transport she must take plus her food for the travelling time.

perhaps as an employer you should have checked all of this out BEFORE you hired someone?

[rahulrky]

Cheers Guys for the kind advices I have checked everything but as time is passing the helper is coming with so many arguments on this so I have written to labour department to confirm on same. I will post thier reply on this.

[Satay Sue]

OP, I think Carang's advice would be accurate. We brought our helper with us from Singapore where the rules are slightly different - I'd never heard of "deferred leave". We stuck with our system, flights home for her every year because it works for us and her, it's fair and it's not illegal

[rani]

I don't think you're obligated to pay her during the 17 days holiday. Her previous helper has already paid her. You owe her 7 days off/year. If you do give her paid time off, then you don't need to pay her 2 weeks annual leave at the end of her contract.

[mimi76]

From what I've read, her previous employers would have paid for her ticket back to the Philippines as it is a requirement for the termination or end of contract. However, she is only entitled to seven days leave after one year of service. You do not owe her the holidays owed by her previous employer - if they were not taken, she would or should have received holiday pay from them for those. You are also not obligated to pay for her airtickets to the Philippines for her leave, only at the end of the contract as mentioned above.

[rani]

You are not obligated to pay for her ticket to the Philippines, but you are for her ticket back to HK. 1-way tickets cost more, so it makes sense to pay the extra couple hundred and buy the round trip. Tickets on Cebu pacific are cheap.