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Helper maternity leave & reduced work duties

  1. #9
    babydoll is offline Registered User
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    Please also check what's the latest from the Hospital Authority in terms of charges for giving birth in public hospitals in HK. Since she and her husband are not HK permanent residents, they may have to pay higher charges unless maternity charges are covered by private insurance.

  2. #10
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    carang is offline Registered User
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    babydoll... totally not true. they ARE hk residents with HKID cards and as such eligible for the same medical care as any other resident in hk (not only PR have access to public health care here).

  3. #11
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    carang is offline Registered User
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    also, it is illegal to fire a pregnant helper. sorry.... only thing you could possibly do ask her how much she wants if you paid her to leave. if she resigns, it is legal...so you may be able to "encourage" her to resign.

  4. #12
    zzsp23 is offline Registered User
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    Found this article online, it's a bit old and I don't know if the ordinances have changed much since:
    http://www.mayerbrown.com/publicatio...4913&nid=10353

  5. #13
    Gracey is offline Registered User
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    Domestic helpers are like everyone else. Barring major medical problems, they are expected to work full-time until their maternity leave starts. Then they are allowed 10 weeks. If they choose to take much longer, then they risk losing their jobs.
    I'm sorry if I sound hard-nosed about it, but the same rules apply to everyone.
    So, no. You should not feel backed in a corner to go helper-less for "six or seven months."
    The only concession is that you shouldn't ask her to do anything seriously damaging to a pregnant woman, like moving heavy furniture. But cooking and cleaning? I'm 6 months along and I'm doing my own cooking and cleaning!

    I've had a hard pregnancy, but only took 3 days off work when I had a genuine medical scare -- a threatened miscarriage. Besides that, I worked full-day shifts through morning sickness, nausea, fatigue and leg cramps. It sucks, but that's what being a pregnant working woman is, whether you work as a maid or in an office.

    Do sit down and talk seriously to this couple, and try to be firm but reasonable. Then ask immigration what recourse you have. The law is there to protect people from abusive employers who will fire people simply bc they don't want to give maternity pay. But it sounds like you have a legitimate problem on your hands.

    Good luck!

  6. #14
    prone_to_wander is offline Registered User
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    My helper (who is sri lankan) said that when she went back to sri lanka to give birth to her daughter that she was required to stay in sri lanka for 3 years after her daughter's birth...maybe that's why she doesn't want to go home.

  7. #15
    mumsy is offline Registered User
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    You should check with the labour department where you stand, because I believe she is only entitled to maternity pay if she has worked for you for not less than 40 weeks. Therefore if she has only worked for you for 7 months, that's only about 30 weeks or so. She is still entitled to maternity leave but not paid maternity leave.

    Yes it is illegal to terminate, but I think you are allowed to terminate provided you pay up all salaries etc. up to the date that she would have finished her maternity leave.

  8. #16
    mumsy is offline Registered User
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    SORRY pls ignore above post.

    it's 40 weeks before commencement of maternity leave, so she is entitled to paid maternity leave.
    also can only dismiss for serious misconduct.

    sorry for wrong info above.
    Last edited by mumsy; 05-26-2011 at 06:55 PM.

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