Under Hong Kong law, domestic helpers who have served their employers for 40 weeks or more under their contract are entitled to 14 weeks of paid maternity leave; those who have served less than 40 weeks are entitled to unpaid maternity leave. Employers cannot dismiss a domestic helper due to pregnancy, but if the helper intentionally concealed her pregnancy at the time of employment, the employer is not obligated to pay maternity leave wages. For any questions regarding a domestic helper's pregnancy, you can seek assistance from Path Finders and related organizations.
How to handle a pregnant domestic helper
1. Domestic helpers must notify their employers of their pregnancy and obtain confirmation from a doctor, providing a medical certificate with the expected due date (EDC). Without a valid reason, employers cannot dismiss domestic helpers on the grounds of pregnancy.
2. Employers can communicate with the pregnant domestic helper and understand her thoughts. For example, whether it is necessary to return to the place of origin to give birth and postpartum plans, etc.
3. Adjust the work content of pregnant domestic helpers according to their physical condition, and avoid assigning them dangerous or physically demanding jobs, such as climbing or lifting heavy objects.
4. Arrange maternity leave for domestic helpers, which usually begins 2 to 4 weeks before their due date.
5. Some comprehensive domestic helper insurance plans cover the additional expenses incurred by employers when hiring overseas domestic helpers during their maternity leave. If necessary, employers can review the terms and conditions of the purchased insurance plan to make a claim.
Methods for handling miscarriages of domestic helpers
If a domestic helper suffers a miscarriage during pregnancy, the employer should treat it as sick leave and grant the helper sick leave based on a doctor's certificate. During the relevant sick leave period, the employer may not terminate the employment contract. If the foreign domestic helper is employed by "Continuous Contracts" and has accumulated enough paid sick leave, Employers must provide foreign domestic helpers with a sick leave allowance equivalent to 4/5 of their average daily wage.
Employers are not required to pay for expenses related to the domestic helper's pregnancy.
Foreign domestic helpers are entitled to access Hong Kong's public medical services during their employment contract period, enjoying the same prenatal and postnatal checkups as residents, and can also give birth in public hospitals; if the domestic helper presents a valid doctor's certificate, the employer should treat it as sick leave, but Employers are not required to pay any expenses related to the domestic helper's pregnancy or childbirth. For example, examination fees or baby supplies.
Regarding miscarriages of domestic helpers, unless there is a doctor's certificate or other proof that the miscarriage was caused by work-related reasons, the employer is not required to bear the related expenses. Most comprehensive domestic helper insurance policies do not cover all complications related to the domestic helper's pregnancy, miscarriage, abortion, and childbirth. Employers need to carefully review the policy terms and conditions.