Termination due to illness

Our helper who has worked for us for approx 4 months has had to return to the Philippines due to illness and treatment. She has indicated that she would like at least a year for recovery. We have discussed termination of the contract however what are the legal ramifications. I now have another helper about to sign on. We are still paying the first ones wage even though the labour department says this is not necessary.

Question 1: does she provide a doctor's certificate which specify days of sick leave recommended? Did you take her for medical consultation at this regard?


Question 2: is it the opinion of a docotr that she be returned to the Filippines, or was it just her request?



You should know the answer. You do not have to entertain her claims (i.e. pay her sickness allowance which is 4/5 of her salary) if she does not provide any medical evidence.

I believe it's the same as any other employee - if she has a doctor's cert saying she's not fit to work then you need to pay her (4/5 I think). If the extra recovery time is her choice and not recommended by the doctor then I think you can terminate the contract (or she can - whichever way you and she prefer). You cannot terminate her because of the illness. If a doctor certifies that it is likely to be a very long term thing then I believe the Labour Dept will set an amount of compensation you should pay to her - you would need to check with them as I'm not sure of the details.

It was her choice to return to the philippines for the operation and treatment of her illness after initial xrays/ultrasounds taken in HK indicated a tumour. She has now been diagnosed officially but still waiting for a time period for chemo/radio. I think she was only due 6 days sick leave and has been away 6 weeks. What do you mean 4/5 of pay as the immigration dept said if she returned to philippines she is not eligible for anything - but cant quite believe that. Anyway, for the moment we are paying full pay. Maybe I should get her to sign a letter of termination to be safe.

Nothing if she is being treated back home. But if we need to terminate her contract, rehiring costs and plane fares I think. I just seem to get alot of different info. One helper in our building vaguely threatened law action which I'm sure will come to nothing but our helper is very comfortable with the decisions we are collectively making (supposedly). The problem is there is nothing in writing from the labour/immigration dept or from the Philippine doctors yet. I do have one letter from our GP advising specialist treatment, I'm nervous to do anything as have heard all kind of dragging through the court system stuff

jbebeb is right - when her sick leave exhausted, she can opt for no pay leave if she so wished to continue her employment contract with you. And accordingly to the Employment Ordinance sickness allowance is calculated as 4/5 of the wages.



To protect your interest as an employer, you need to get her to sign a letter stating that she does not accept medical treatment provided by u / the insurance company, and that she elected to return to Filippines for treatment. The ideal way would be both u and the helper sign a mutual agreement to terminate the contract - and mind you, you DON'T have to give reasons since it is a mutual agreement.



Take a closer look at the contract. It stated that the DH should not refuse medical treatment provided by a registered medical practitioner as arranged by the employer. She may elects to return home for treatment, at her own cost since the she does not comply with the terms in the contract.



Remember, if she is not co-operating, she will be on no-paid leave, which means you dont have to pay her and she has absolutely no ground to sue you.


If she agree to leave, get her to sign a mutual agreement with the present of an independent witness (i.e. not family member). You sitll have to pay her wages in arrears, annual leave (pro-rata), air ticket (single journey) and travel allownaces which is HK$100.


Hope you can sort it out with her soon.

thanks for everyone's help. We are onto it. She is co-operating (she doesnt want the pressure of coming back) that is not a problem we just need her to get onto all her paper work.

good on your for approaching it calmly & logically. Poor lass, a tumour & the implication of cancer is an awful thing to deal with.

trust me it hasnt always b een quite like that!