pregnant helper

Posted by marypoppins (242 days ago)

Just found out that our helper is pregnant. I can't seem to find the correct link on the labor dept website and need to know our legal obligations.
Any help woulod be great!!

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Posted by axptguy38 (242 days ago)

AFAIK you are not allowed to fire her now. That's all I know.

Posted by marypoppins (242 days ago)

Wasn't even considering it.

Posted by Ed (242 days ago)

Moved to helpers forum

Posted by GreenValleys (241 days ago)

Try this one (refer Chapter 6):

http://www.labour.gov.hk/eng/public/wcp/FDHGuide.pdf

Posted by GreenValleys (241 days ago)

Whoops. It has been a while since I used that link (I have a hard copy of the referred document), so I just tried it and found it doesn't work. Perhaps use this one instead:

http://www.labour.gov.hk/eng/faq/content.htm

FYI here are the pertinent details from the document that was at the end of that link:

A helper is eligible for 10 weeks' paid maternity leave if
> she has been employed for not less than 40 weeks immediately before the commencement of scheduled maternity leave;
> she has given notice of pregnancy confirmed by a medical certificate to her employer; and
> she has produced a medical certificate specifying the expected date of confinement if so required by the employer.

The daily rate of maternity leave pay is equal to four-fifths of the average daily wages of the helper. It should be paid on the normal pay day of the helper.

Except in cases of summary dismissal due to the helper's serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave.
An employer who contravenes the provision is liable to prosecution and, on conviction, a fine of HK$100,000. He/She is also required to pay the helper:
> wages in lieu of notice;
> a further sum equivalent to one month's wages as compensation; and
> 10 weeks' maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
The helper may also claim remedies for unreasonable and unlawful dismissal under part of the Emplyment Protection of the Employment Ordinance.

Posted by marypoppins (240 days ago)

GreenValleys, thank you for your reply. I was wondering if you know do we need to pay all her medical expenses. She is not married. and I heard we did not need to pay them. I will ring the labor dept but thought you may know.
Thanks again

Posted by GreenValleys (240 days ago)

An interesting question - and I think you would be best to contact Labour direct for the definitive answer. I know that under the standard employment contract (and there's no other alternative) the employer is responsible for "medical examination fees", and also for "free medical treatment...includes medical consultation, maintenance in hospital..." but that second bit specifically relates to when the helper "is ill or suffers personal injury...". Pregnancy would not normally be classified as an 'illness'. A few grey areas, so best you go in to Labour before she does. Sorry, couldn't resist that one! Good luck.

Posted by marypoppins (240 days ago)

Very funny!!! Tried to ring the labor dept. As if I could talk to anyone. All pre recorded messages and none relating to what I need. General enquiry at immigration dept can't get through. So frustrating!! So I am none the wiser.

Posted by Martha (239 days ago)

I know this is a drastic suggestion - but why not go to Labour Dept IN PERSON ...? They have excellent helpful staff, waiting time is minimal. duh.

Posted by marypoppins (239 days ago)

Gee, you're nice.... Thanks for the suggestion, NEVER thought of that one????