Posted by
NuinHK
10 yrs ago
A couple of questions for all the DH employers out there: This year's HK public holiday schedule for CNY falls on Fri, Sat and Mon. Our DH normally works on Sunday. I'm curious how other employers work out the off schedule for theirs. And Our DH has asked to stay "with friends" during the holiday, is that allowed or just a gray area? Cheers and thanks.
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Lunar New Year normally consists of 3 Statutory Holiday days ( 1st day of LNY, 2nd day of LNY and 3rd day of LNY) ... in 2013 those days were on a Mon/Tues/Wed (11,12,13 Feb), so everyone is entitled to 3 days off. This year, as the 3rd day of Lunar New Year falls on a Sunday, then the following day, the Monday (4th day of Lunar New Year) has been given as a holiday day instead. So therefore, 3 statutory holiday days are still be given as normal ... ie. the Monday replaces the Sunday. That is my understanding. Everyone is entitled to 3 days holiday for Lunar New Year. In 2014, that is the Friday, Saturday & Monday. And of course, DHs get their normal off day on the Sunday, so they are off from Friday-Monday inclusive.
Strictly speaking, DHs are meant to reside in your home, but as these are holiday days, and she is a grown adult, in my view she is entitled to do what she likes. I would personally have no problem if my helper wanted to stay with friends during that period. Yes, it is a grey area ...
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If anything happen to the helper while she is sleeping out during the holiday, insurance is covered, employer has to pay the compensation instead of the insurance company. I have checked with my agent and insurance company.
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Thanks to all for the helpful feedback. I'm now faced with two options: saying no to the request or being nice and keeping my fingers crossed.
IMHO, expecting employers to be responsible for DHs on holiday leave is simply unreasonable as no company would cover their employees for accidents from holiday leave unless the insurance company is willing to.
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Melissa, then I guess that the insurance company doesn't cover your helper on her day off either, if she is not in your home or doing some kind of work/errand for her employer? If that's the case then it's absurd! Or are we meant to keep our DHs under lock and key in the home to satisfy insurance company claims??
Surely, if a DH has an accident outside the home, whether or not it is on her day off, or on a public holiday when she is out of the home, whatever time of day or night that happens to be, then insurance companies should pay for her medical expenses, etc.? Otherwise, what is the point in an employer having insurance if we end up having to pay all the costs ourselves anyway?! Are you saying that if my helper is out over the public holiday and gets knocked down by a car and is seriously injured, we as employers would be liable for all the medical costs which could run into many thousands of dollars? ... I'll definitely be looking into our DH insurance to see what kind of cover we have in these circumstances and I suggest other employers do the same ...
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I've just checked, and our fully comprehensive DH insurance covers for when our helper is away from home, whether or not that happens to be on a rest day ... as long as she has a current employment contract with us, and remains in Hong Kong. I guess it depends on the individual insurance company and type of policy you have ....
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I guess the key point is "in Hong Kong." Then what happens when a DH is on home leave visiting her family or on an overnight trip to Macao?
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I guess that's yet another grey area, and one that many ex-pat employees may come across, not just DHs. Many people, who have private health care in Hong Kong, will find that they need to take out travel insurance to cover their medical expenses whilst travelling on holiday out of Hong Kong as their existing medical cover may only cover them whilst in Hong Kong, and also cover them to be re-patriated to their home country of origin if necessary. Whether or not this would be the responsibility of the DH, or the employer, I have no idea. Do other employers take out travel insurance for their DHs when they go on leave, or advise their DH to do so? ... it's something I've never thought about ... until now!
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I just purchased a single-trip comprehensive travel/medical insurance through a bank for the DH to go to Macau for the CNY break. It costs $122. Just to play safe.
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Sapphire, what is the name of your insurance agency?
I would like to change insurance company if it can cover the insurance of my helper while accident happen to her during her sleeping out in other people place AT NIGHT . I like to make her happy.
I bought insurance from two different insurance agencies : QBE and Mutual insurance agency. Both companies cover on her day off as well but NOT including something happen to her while she is sleeping out AT NIGHT in other people house (My helper's employment contract with me is 'live in', that means every night she must sleep in employer apartment ).
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Hi Cara, I talked directly to two insurance agencies and they told me accident happened during her sleeping out are not covered. I paid less than HK$1000 per year helper's insurance fee and that is what I get. I hired my helper through overseas employment center and starcare employment agency and they also told me the same things as the insurance agencies. If you or anyone is using a insurance agency which cover insurance while she is sleeping out at night, please let me know the name and i like to change my helper insurance plan.
I have permanent HK ID and the helper doesn't, the law has make it different, The immigration will not arrest me for staying out but they do for the helper:
‘Stay-out’ Filipinas arrested
http://hongkongnews.com.hk/six-stay-out-filipinas-arrested/
http://hongkongnews.com.hk/stay-filipinas-arrested/
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Ineresting exhange of interpretations from different perspectives. I guess the point for all DH employerst to keep in mind is that, although DHs may be entitled to stay away from the employer's residence on their off days, insurance companies, as in their interest to minimize liabilities, are only willing to provide coverage that is tied with residence. This is pretty typical of HK in limiting consumers' basic rights.
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