Posted by
Toffo
15 yrs ago
what happens if helper wants to have a baby. Contract is up for renewal in October. Dont really want to get rid of her. She wants to have baby and come back to work for me . She is not pregnant yet. Any advise to where I stand in this situation. Also wants to take a month off in the summer. Has been with me for 4 years - Help
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If your helper has been with you for 4 yrs, after 4yrs she is entitled to long term/severance pay, which is calculated at monthly wages x 2/3 x reckonable yrs of service, but you will not be able to terminate her while she is pregnant.
If she is away in summer for 4 wks, she could come back pregnant while still under contract to you.
IF... she becomes pregnant while still under contract, then you are not allowed to terminate her employment, you will have to employ her till after she has the baby and then sends the baby to her country of origin.
IF...she has any problems, and cannot work during pregnancy you still have to pay and provide shelter for her, and you may have to employ extra help to do her job.
You still have to pay any medical expences.
If your helper wants to go to her home country AFTER her contract is finished and have a child in her home country, then come back after the baby is born and be employed by you, then maybe you could consider getting part-time help in while your helper has her baby, then re-employ her when she comes back to Hong Kong.
I don't know what your helper is planning, but I hope the information helps, you could also look at the FAQ's on the immigration web site,
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Toffo
15 yrs ago
Thank u so much. She has been honest with me (well I think she has). She wants to go back this summer to get married and hopefully get pregnant. If she returns and is not pregnant, then it will be a year before she returns to Philipines, so i dont have to worry - dont really want a baby in my aparment. Just not sure where I stand. Someone has told me to send her back month before contract is due to be renewed and tell her that i wont renew if she is pregnant as she will have had a pregnancy check before she returns to HK. I have looked on the FAQ's but they do not have the answer to my problems - do u know if there is a number I can call so that I know the correct thing to do. Thanks again
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Hi Toffo, If you don't really want a baby in your appartment, then let her finish her contract, and go home get married and get pregnant, tell her if you still have a vacancy AFTER she has the baby then you will employ her. If you renew her contract in October, and she is provably NOT prgenant, then returns to Fils for a holiday after 1 yr, then you might still end up with a baby in the appartment, in the 2nd yr of her contact, and have to pay severance/ long term pay after she has had the baby, plus medical bills and maybe the cost of another helper while your own is incapacitated. She may also want her husband to stay when it is near the time for her to have baby, goes into labour andgives birth, or if she has no other help, then you as employer would have to be birthing partner.
In the FAQ's, there is a section about pregnancy, I think you have to press a red button to get more information.
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Some may shout at this reply but......
You are the employer and like any employer running a business you need to juggle between getting the best for your business (your home) from your employee whilst managing your employee's career expectations (baby).
My advice is to tell her that she can return home to marry, get pregnant and have a baby at the end of the contract in October (since that is when she is next due leave). It is then open to her to resign, if she feels that she has to go earlier, in August. The decision is then hers.
At the end of the contract (or earlier if she resigns earlier) you are free to hire a replacement that nmeets your requirements. Once your helper has had her baby and decided what she wants to do (which let's face it is a year plus hence) if she wants to come back you can either hire her afresh or recommend her to another employer.
I know it sounds harsh, but you hire her as an employee, not as your best friend, and not out of sympathy. Having a baby whilst working for you does not meet your requirements, so don't let her go home until the end of the contract.
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Toffo
15 yrs ago
Thank you - have just looked at her contract. It expires end of August. although I really do not want her to leave. I think I should say that she can go home, get pregnant and stay till after the baby and then who knows where we will be. Should i be honest with her and say that I dont want a baby or just say that we are not renewing her contract. Have just spoken to an agenecy and they told me that if I renew her contract and she then tells me she is pregnant. It will cost me at least 5 months wages to get out of it - Nightmare - do want to do the right thing
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You should not promise anything at this point. You can always break it to her gently and say "let's see how you feel".
The agency opinion is only really valid if she wants to be "difficult" about it and you really "need" to get out of it.
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Toffo
15 yrs ago
Thank you for all your advice -makes this site worthwhile
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Toffo
15 yrs ago
Another question if she goes back early on say June and then comes back pregnant - do we have to renew her contract in August
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No. She is on a fixed term contract that expires at the end of August. You have no comitment to her, legally, after the expiration of the contract.
Until the end of the contract you, or your insurers to be precise, are responsible for all her medical bills etc, however.
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No, you dont have to renew her contract in August. However, you cannot terminate her once you have renewed her contract if she shows proof of pregnancy.
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For peace of mind, don't renew the contract. Wait until she comes back after baby.
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If she goes home in June then gets pregnant, before August?? when her contract finishes, not sure of that answer, you may like to email immigration for an answer.
Technically she could be pregnant while her contract is still in force with you, and there could be some clause to protect her, you will need to find out.
My recommendation is if you don't want to get into any difficulties of having, pregnant helpers, babies around your place, or any case where you are having to pay long term monies after 5ys employment, is to let her go at the end of this contract, if she wants to go earlier then you will have to terminate her contract properly, with notification to IMM, so that there is no 'come back' on you.
There have been lots of threads on this forum about pregnant helpers, and problems caused by it, it may be worth looking at the old threads to see what you might be letting yourself in for, to even consider renewing her contract. If the agency told you at leat 5 months wages, I think they may be under-estimating a bit, add a few more.
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Hi Toffo, I found some interesting information regarding maternity leave/ employers responsibility, if you look further down these threads, you will see a thread about statutory holidays for helpers 2010, scroll down a little, I think it says more informaation about holidays, click on it, it will give you lots of information including a section on maternity, hope this helps. It also explains about terminations (of employment) etc. Very usefull information.
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