Need help with understanding FDH health regulations

Hoping for input from someone relatively knowledgeable with the HK health regulations for FDH, as we are new to the HK scene. Having just moved here and hired our first domestic helper barely 10 months ago, she discovered, very sadly, that she has cancer which needed an "indefinite medical treatment" per her doctor's note (including immediate chemo treatment). We have of course purchased the necessary medical insurance per the HK employment contract upon her employment, so no issues there for her treatments, but only now are we starting to think about the HK regulations surrounding her sick leave, pay, and all the "now what?" implications, etc.


Based on our reading of the HK regs, specifically under the Labour Department FAQ's Q5.3 through Q5.5, which reads as follows:


For both employer and helper


Q5.3 Under what circumstances is a helper entitled to sickness allowance?

A An employer should pay the helper sickness allowance if :

he/she has accumulated sufficient number of paid sickness days; the sick leave taken is not less than four consecutive days; and the sick leave is supported by an appropriate medical certificate.Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of service during the first 12 months of employment; and four paid sickness days for each month of service thereafter subject to a maximum of 120 days.


Q5.4 What is the rate of sickness allowance? When should it be paid?

A The daily rate of sickness allowance is equal to four-fifths of the average daily wages* of the helper. It should be paid not later than the normal pay day.


Q5.5 Can an employer dismiss the helper who is on paid sick leave?

A No, except in cases of summary dismissal due to the helper’s serious misconduct. Otherwise, it is an offence under which the employer is liable to prosecution and, upon conviction, to a fine of HK$100,000.

The employer is also required to pay the helper:

wages in lieu of notice;

a further sum equivalent to seven days’ wages as compensation*;

and

his/her entitled sickness allowance.

The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance (see Chapter 9).



So it's clear that we need to continue paying our helper 4/5 of her pay rate (no problem as we are actually paying her at the full monthly rate as if she wasn't sick). Also clear is that her sick leave is calculated at 2 days per month worked, which means 20 days since she has only worked 10 months to date. And then the last clause was that there is a 120 Maximum sick leave allowance ... as well as the stipulation under Q5.5 of no termination during sickness ... this is where it's very unclear and we would like anyone in the know to help with this interpretation.


Our questions are as follows:

1) Does it means that the employer is only liable up to 120 days of paid sick leave MAXIMUM, no matter how long the helper has worked?

2) And then what happens after the 120 days is maxed out and the helper is still unable to resume her contractual duties and has an official medial leave from her doctors? So do we simply keep "employing" her (paid or unpaid?) even without knowing if she will ever fully recover from her illness (in this case it's cancer which could be eventually terminal, nobody including her doctors can know for sure, and in any event is an"indefinite illness" as we can all understand)? Or does the HK regs allow termination of the helper AFTER all of her legal sick leaves have maxed out, and she still cannot resume her contractual duties due to this illness? Clearly, despite any level of sympathy we or anyone else has about this terrible illness, no employer can possibly continue "employing" a helper while she is indefinitely on sick leave, especially after all the sick days & payments have been properly satisfied under the existing HK Labour regs. Money aside, we just can't have a "long term visitor" staying in our small flat doing nothing while we actually needed a helper in the first place; a replacement at the appropriate time is necessary. We are not at that appropriate time yet (and we certainly hope she beats the odds and recovers) but like to know what to expect sooner rather than later.


We realize this is both a sad and morbid subject, but it's most important for us to, first, take care of her medical treatment as best as we can possibly help, which we are currently doing for her, and second, to do everything properly in the eyes of the HK regs, and finally, to also know what/when we can replace her with another helper in the (most likely) event that she doesn't recover within a reasonable time and cannot resume her normal duties again.


Thanks in advance to all your helpful feedback, and hopefully others will also gain a better understanding from this "lack of clarity" with this particular section of the HK labour regulations regarding FDH long-term & potentially terminal sickness.

Thanks, Malka, for your time in providing such a thoughtful response! Your reading of the HK Labour regs (as outlined in your second last paragraph) is exactly how we read into it as well, but the way it was officially written in Q5.5 (quoted verbatim in my original thread) is poorly done at best, and bordering on bureaucratic confusion. We certainly intend to confirm our understanding direct with the HK Labour department in due time just to be absolutely sure ... that takes time off work to do, etc.


Anybody else has any comments or understanding of this specific section of the HK Labour regs?

actually best course of action is the call the labour department