[Theresa]

My very good helper of 9 months, has just told me that she is pregnant.
We have 2 children aged 4 and 15 months.and my husband and myself both work full time, long hours
Where do we stand? What are the options?
Personally, I do not see that she could manage 2 young children and the daily chores during the pregnancy - it would surely be too much, especially if she gets morning sickness and tiredness.
I know that I could not do it again (on my own)
What about maternity leave? Where do we stand in terms of a replacement if she returns to the Philipines to have the baby and take maternity leave?

Where can I find out about my legal obligations as an employer and what are our options?
Anybody got any experience?

She is a lovely girl and she will be a wonderful mother, but I am gutted. During our family holidays, she returned to the Philipines, she got married at Christmas (totally unexpectedly!!! to us at least) and during the Easter break managed to get herself pregnant.
Last June my last helper (of 3 years) ran away back to the Phillipines after running up huge debts with every finance company in town

I sure do pick them!

Maybe it is time to quit work and become a full time mum, but even with this option, i assume I cannot terminate her contract????
HELP!

[rani]

Hi Theresa,

Helpers are entitled to 10 weeks Maternity Leave. It is illegal to terminate her contract once she has informed you of her pregnancy. Has she indicated what she wants to do? Best to sit down with her ASAP and whatever you agree on put it in writing to avoid any misunderstandings later.

More information here:

http://www.proxy-maid.com.hk/info4.html#a

Rani

[Theresa]

Whilst the law rightly protects the employee - has anyone got any advice on what to do in this situation?
The helper is solely responsible for looking after 2 kids under the age of 4, whilst both parents work.
What options do I have to find alternative cover during the 10 weeks maternity leave.
Also the helper wants to keep the baby in HK - is she allowed to do this by law?
Does anyone have any opinion on whether the helper can physically cope up to 9 months - and then be physically and mentally fit to return to work after 10 weeks.

As a mother of 2, having experienced the HK laws of maternity, I struggled very much on both counts and my job is not physically demanding.

She is a great helper, but I cannot see that she can continue to do her job. What are my options?

Any ideas?

[kayla]

although i have not had similar experience, i would recommend you to speak to the Labour Dept (2717 1771) and/or a maid agency who will be able to tell exactly where you stand in this situation.

if you do quit your job to become a full time mom, then arguably you can let her go by reason of redundancy, but even then you will have to compensate her with one month of salary, on top of notice payment as well as 10 weeks maternity pay (this according to Labour Dept website on maternity protection)

[rani]

Theresa,

Just because the baby is born here doesn't mean that he/she will be granted residency right? Doesn't it depend on the type of visa held by the parents and I don't think a DH visa will be approved. Am I right to assume the father is also here on a DH visa?

Have asked Emigra - our immigration specialists for their opinion too.

Rani

[cari]

Try contact the maid agency and I am sure they can give you good advice. Be a full time mom or hire a new helper may be a better option for you and your kids.

[rani]

Theresa,

Emigra has received the following response from Immigration

The employer can hire another domestic helper during the 10 weeks, but the minimum contract would be for 2 years, therefore when the first domestic helper returns after 10 weeks maternity leave they will then have two domestic helpers.

The baby can apply for a tourist visa and it is likely it will be granted up to the date of the first domestic helpers visa expire date. The application for the baby has to be supported by the employer.

Rani