Employment Ordinance

(1)
Notwithstanding anything in this Part, an employer may, at his option, elect to use a 12 month period determined by him as the leave year for the purpose of calculating the annual leave of all of his employees and, in that case, each of his employees is entitled to an annual leave under this Part determined in accordance with this section.
(2)
An employer shall, before making an election under this section, give 1 month’s
notice—
(a)
to each of his employees in writing; or
(b)
by posting a notice in a conspicuous place in the place of employment,
stating his intention to make the election, the 12 month period he intends to elect to use and the date from which he will commence using it.
(3)
Where an employer makes an election under this section, he shall thenceforth use that 12 month period as the leave year for the purpose of calculating the annual leave entitlement of all of his employees and, where an employee has not been in employment under a continuous contract for the full period of a leave
year—
(a)
the employer shall calculate the leave entitlement on a pro rata basis, based on the number of calendar days between the day the employee commenced employment and the end of the leave year, divided by 365, and any fraction of a day resulting from the calculation shall be counted as a full day’s leave; and
(b)
the employee may, at his
option—
(i)
after consultation with his employer, take his leave entitlement for the pro rata portion referred to in paragraph (a); or
(ii)
carry it forward and combine it with his leave entitlement for the next full leave year.
(4)
Where an employee was already employed on the day an employer commences using a 12 month period for calculating annual leave for all of his employees under this
section—
(a)
the employee is entitled to an annual leave calculated on a pro rata basis, based on the number of calendar days between the day he commenced employment (or the anniversary of such day, as the case may be) and the day preceding the day on which the employer commenced using the 12 month period under this section, divided by 365, and any fraction of a day resulting from the calculation shall be counted as a full day’s leave; and
(b)
the employee may, at his
option—
(i)
after consultation with his employer, take his leave entitlement for the pro rata portion referred to in paragraph (a); or
(ii)
carry it forward and combine it with his leave entitlement for the first full leave year calculated in accordance with this section.
(5)
Where
section 41F
applies to an employer who has made an election under this
section—
(a)
the annual leave granted shall be in respect of the leave year immediately preceding the period of the close down; and
(b)
section 41F(3)
to (6) shall not apply to the calculation of the leave entitlement.