Posted by
isonoawabi
13 yrs ago
Our helper is due to give birth in mid June. Her contract is expiring at the end of April. Do I have to sign a new employment contract (to start after her current one runs out) with her so that she can stay and give birth here? Will she be asked by Immigration to leave if I don't sign a new contract with her? What happens to her maternity leave before her contract expires in April? Many thanks for your input.
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No you don't have to renew her contract. You cannot fire her during her contract for being pregnant, but her contract is for a defined term of two years, and at the end of the contract does not have to be renewed.
Maternity leave starts a maximum of four weeks before the "due date" so it looks like that would be due to start mid-May, by which time she will not be your responsibility.
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Do you want your helper's child to be born in HK?
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OP
Tell her that you will not be renewing the contract. If she is due annual leave you can pay her for those days and she can leave 2 weeks before the last day of the contract. You are under no obligation to her or the new baby once the contract is complete ecept to pay her one way ticket home.
If you want her to stay, then you need to renew for another 2 years. However, the baby would be living with you, or she would need to send it back home to be with relatives.
She has 2 weeks after she is finished with you, before she must leave HK. If she is an overstayer she will risk jail time and deportation.
Beware, there is no guarantee the child will get residence just because it was born here, unless the father is a permanent resident and will sign the birth certificate.
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Thank you for all the information. She wants to deliver her baby here and I've promised to pay her med expenses. Her husband is in her home country so there is no permanent resident to sign the birth certificate. If without a new contract she will have to leave, I will have to tell her now. By May, she'll be close to giving birth, she may not even get on a plane. I'm surprised there is no immigration policy of allowing her to stay till she has given birth.
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if i am not wrong in such circumstances when it is not possible (medically safe) for her to fly then immigration may give her an extension for a suitable period.
this is what i know from similar circumstances from someone i know who had an expiring visa and also due for a delivery
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I would second what Syed_Scorpio stated above. That is what happened in a case I heard of.
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Most airlines say the latest time for flying is 36 weeks, some say 35 weeks.
OP should not feel obliged to have any responsibility for the delivery of this child, unless they don't mind having a baby with them, keeping them awake. The baby would have to go back to the helpers home country anyway within a few weeks, unless the employer was willing to sponser the baby as well, and be willing to pay for all its expenses too. If the OP wanted to be really kind, she could find out what the costs for 'normal delivery' are at the helpers local hospital in their home country, and pay that to the hospital, they will be much cheaper than HK, and the father can then be there at the delivery and sign the birth certificate.
As long as the helper is paid up to the end of her contract, and one way home door to door fees are paid, the employer can book her on a one way flight within a safe flying any time before the baby is due.
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you cannot terminate helpers contract due to pregnancy esp you knew that she is married. you can be reported to labor by doing so...dh (with contract) giving birth to public hospitals will not cost that much...ex dh or overstayed is not covered.
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sorry i just echoed what have been said!!!
spurtio - No you don't have to renew her contract. You cannot fire her during her contract for being pregnant...
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Do you all just read the first few words of the OP email?
Her contract is ENDING in April. The baby is due in June. No employer is ever REquired to resign a contract.
To become a permanent resident, at lest one of the parents (and we know that's not the Mom) MUST be a permanent resident.
Good grief...
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