Holidays (Employees) Act, 1939

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Annual leave of domestic workers.

12.—(1) Every person who employs a domestic worker shall, in every employment year of such domestic worker during which such domestic worker has been continuously in the employment of such person and has worked in such employment for not less than three hundred days, allow at such time as such person thinks fit to such domestic worker fourteen consecutive whole holidays (in this Act also referred to as annual leave).

(2) Where a person allows to a domestic worker in his employment seven consecutive whole holidays (in this Act referred to as semi-annual leave) in the first half of an employment year of such domestic worker and also allows to such domestic worker semi-annual leave in the second half of such employment year, the provisions of sub-section (1) of this section shall not apply as regards such domestic worker in respect of such employment year.

(3) Where a domestic worker is allowed annual leave or semi-annual leave, the employer of such worker shall pay to such worker in respect of such annual leave or semi-annual leave a sum equivalent to the amount which such worker received from such employer as salary or wages in respect of—

(a) in case such worker is allowed annual leave, the two consecutive weeks preceding such annual leave during which such worker worked the normal number of hours on the maximum number of days under his contract of service,

(b) in case such worker is allowed semi-annual leave, the week preceding such semi-annual leave during which such worker worked the normal number of hours on the maximum number of days under such contract.

(4) Where—

(a) a domestic worker is employed by a person under a contract of service which includes lodgings, and

(b) such person has given to such worker notice of intention to allow to such worker annual leave or semi-annual leave during a particular period, and

(c) such worker, with the consent of such person, remains at work with such person during such period,

such person shall, if, in addition to the wages for that period, he pays to such worker a sum equal to the amount of such wages, be deemed to have allowed to such worker a whole holiday on each of the days falling within such period.

(5) Where—

(a) a domestic worker ceases to be in the employment of a person during the currency of the first half of an employment year of such worker, and

(b) such worker has worked in such employment for not less than one hundred and fifty days in such first half, and

(c) such worker has not before such cesser been allowed during such first half either annual leave or semi-annual leave,

such person shall pay to such worker at such cesser a sum equivalent to the amount which, under sub-section (3) of this section, he would have been liable to pay to such worker if he had in fact allowed such worker semi-annual leave during such first half and such semi-annual leave had been allowed during the seven days preceding such cesser.

(6) Where a domestic worker ceases to be in the employment of a person during the currency of the second half of an employment year of such worker and such worker has not before such cesser been allowed either annual leave in respect of such employment year or semi-annual leave in respect of both the first half of such employment year and such second half, the following provisions shall have effect, that is to say:—

(a) if such worker has worked in such employment for not less than one hundred and fifty days in such first half and also for not less than one hundred and fifty days in such second half, such person shall on such cesser pay to such worker a sum equivalent to the amount which, under sub-section (3) of this section, he would have been liable to pay to such worker if he had in fact allowed such worker such annual leave and such annual leave had been allowed during the fourteen days preceding such cesser;

(b) if—

(i) such worker has worked in such employment for not less than one hundred and fifty days in such first half, but for less than one hundred and fifty days in such second half, and

(ii) such worker has before such cesser not been allowed semi-annual leave during such first half,

such person shall pay to such worker on such cesser a sum equivalent to the amount which, under sub-section (3) of this section, he would have been liable to pay to such worker if he had in fact allowed such worker semi-annual leave during such first half and such semi-annual leave had been allowed during the last seven days of such first half;

(c) if—

(i) such worker has worked in such employment for less than one hundred and fifty days in such first half, but for not less than one hundred and fifty days in such second half, and

(ii) such worker has not been allowed before such cesser semi-annual leave during such first half or such second half,

such person shall pay to such worker on such cesser a sum equivalent to the amount which, under sub-section (3) of this section, he would have been liable to pay to such worker if he had in fact allowed such worker semi-annual leave during such second half and such semi-annual leave had been allowed during the last seven days of such second half.

(7) The Minister may, whenever and so often as he so thinks proper, make regulations varying in respect of all or any particular class or classes (defined in such manner and by reference to such things as the Minister thinks proper) of domestic workers all or any of the periods of three hundred days or one hundred and fifty days mentioned in sub-sections (1), (5), and (6) of this section by substituting for such period or periods such other number of days as the Minister thinks proper, and whenever any such regulations are in force the said sub-sections shall have effect, in respect of the domestic workers or the class or classes of domestic workers to which such regulations apply, as if the said periods or such of them as are affected by such regulations were varied in the manner stated in such regulations.

(8) Where any non-working day or any two or more consecutive non-working days falls or fall immediately before or after a day on which an employer has allowed a domestic worker a whole holiday, such non-working day or each of such consecutive non-working days (as the case may be) shall, if such worker does not work thereon for such employer, be deemed for the purposes of this section to be a day on which such employer has allowed such worker a whole holiday.

(9) This section shall apply to the employment year current at the commencement of this Act of every person who is a domestic worker at such commencement, and this section shall have effect in respect of such employment year and such person as if this section had been in force at the beginning of such employment year but subject to the modifications that—

(a) if such employment year expires within one month after such commencement, the employer of such person shall be deemed to have complied with sub-section (1) of this section if he allows to such person, not later than three months after the expiration of such employment year, such annual leave as such person may be entitled to under this section in respect of such employment year, and

(b) if such employer has before such commencement allowed to such person in such employment year one or more whole holidays which would be annual leave for the purposes of this section but for the fact that such whole holidays were less than fourteen or were not consecutive or were both less than fourteen and not consecutive the said whole holidays so allowed shall be deemed to be annual leave for the purposes of this section and such person shall only be entitled in respect of such employment year to such number (if any) consecutive whole holidays after such commencement as is equal to the number (if any) of days by which the number of whole holidays so allowed is less than fourteen.

(10) If the employer of a domestic worker fails to allow annual leave to such worker in respect of an employment year of such worker in accordance with this section, the following provisions shall have effect, that is to say:—

(a) such employer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act;

(b) such employer shall (whether proceedings have or have not been taken under paragraph (a) of this sub-section) pay to such worker a sum equivalent to the amount which, under sub-section (3) of this section, he would have been liable to pay to such worker if he had in fact allowed such worker such annual leave and such annual leave had been allowed during the last fourteen days of such employment year.

(11) Where a person who employs a domestic worker proposes to grant such domestic worker any whole holidays in pursuance of this section—

(a) such person shall not later than fourteen days before the day on which such whole holidays are to commence give notice of his intention to grant such whole holidays and of the day on which they will begin;

(b) if such person fails to comply with paragraph (a) of this sub-section, such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(12) For the purposes of this section a domestic worker shall be deemed to have worked in the employment of a particular person on any day on which such domestic worker has been available for service at such person's request for a period of two or more hours.