Employers Responsibility to Pregnant Helper

Just wondering if anyone has any info as to what an employers responsibility is towards a pregnant helper. I know that after they have worked for you for 40 weeks they are entitiled to 10 weeks mat leave on mat pay but are there any other responsibilities ie medical bills, scan costs, delivery costs etc that an employer is liable for as most insurers who provide DH medical cover exclude pregnancy? Also, if a DH decides to have her baby in HK what then? Quite clearly most helpers accommodation is not suitable for babies and not sure I would want that situation in my home?

It is illegal for employers to terminate employees (including FDHs) due to pregnancy. This website goes through all your legal obligations under the employee ordinance for your FDH. You will have to pay maternity leave.


As for the other expenses, i would call the labour department and check your responsiblities - the standard govt employment contract doesn't deal with these issues except that the employer is responsible to pay for all medical expenses for your FDH. I assume once she is with child she cannot perform the work as intended and you could terminate, but I would check.

I think if she intends to bring the baby into the house and continue working for you and you are not prepared to accept that situation, then the contract may be terminated due to “frustration” (legal concept). It basically means that the contract can not be performed in the manner it was intended so be performed and the event is beyond the contemplation of the parties at the time they entered into the contract – the contract is terminated by law and not by the parties. This would include a new addition to the household!.


The employment contract is automatically discharged as are the parties’ obligations.


There is an article on the web about this as legco were looking into relaxing laws to allow FDH which are new mothers to live out of the employer’s home and allow legal part time workers to assist families with FDH on maternity leave. A really complicated issue and great that legco are looking into women’s rights.

I think (but could be wrong!) that a baby born to a FDH does not have right of residency simply because the baby is born in HK and the child would need to be repatriated to the mother's home country unless a separate visa allowing residency is obtained. It would be worth checking on this with the relevant govt depts (immigration? labour?)

what if a pregnant helper lies about her due day, so she can have her maternity early? she may easily obtain a due day report from a doctor by telling her the wrong day of her last period.