Need advice ASAP

We have just moved to Hong Kong a month ago, we hired a helper and everything was fine until we found she had a pre-existing medical problem. She is now in the hospital and will be for at leastt a month. I need advice on what my best option is in this situation. If I terminate her do I still have to pay her medical stay? I already realize that I have to pay a month salary and plane tkt home, but just trying to figure out what is my best option.. will welcome any advice, PLEASE!!

Hi arogers,

If you have already signed her contract, then you cannot terminate her contract, while she is sick.

Did you have a pre employment medical done before you signed the final papers?

If you did, and she did not declare this pre-exsisting medical problem at the health check, then you may have a case with IMM.

If you got your helper through an agency, then they may have had health check done, if she has told a few un truths there may be some recourse.

Did you take out employees health insurance for her?, if so you can claim on that, if not then you as an employer are liable for medical bills.

If she already knew about the condition she has, and would be deemed unfit to work after her discharge from hospital, then you may be able to send her back to her home country.

I am sorry for your situation, but hopefully these few ideas may help, if you are at all stuck then email or phone Imm they may be able to offer you some more advice.

A pre-existing medical problem would have to have been declared in the initial medical and if it was not , then your best course of action is to communicate directly with the Dept. of Immigration (as mentioned) statinig ALL the relevant facts & details . It sounds like this helper may have "planned" to fall sick while covered by your employment medical insurance which helps her but leaves you out of pocket , inconvenienced without your child carer and also in limbo for a period of time unable to employ another full time helper until this is all sorted . I sympathise ....hope it works out in your favour .

arogers98 you may have some recourse if it can be proven that it was a pre-existing condition, especially if it was deliberately concealed at the pre employment medical or the agency knew and did not pass on the information. Might I ask what she has? The reason I ask is because you can determine whether it is pre-existing from knowing what it is.


If it is TB, frequently the helpers have it already and it is inactive, and flares all of a sudden when she is run down, develops diabetes ect. Beancurd, I think your friend probably already had TB which was inactive which then became active again as I am certain that Immigration would not allow a helper to be terminated IF the condition she developed was not terminal or if it had not been there before. arogers98, the doctors can tell you if it has been there a while or if it is a new infection. In fact ask the doctors at her hospital for an opinion as to how chronic her condition is and when it was likely she first developed it.


Fact of the matter is, if it is something which she is unlucky enough to have developed e.g. breast cancer for the first time, then you will not be able to terminate her and you will have to support her through it. It is unfortunate in this regard as she has only been with you a month and you have no great feeling for her. If it is something pre-existing then do everything in your power to terminate the contract so that you might be able to find someone to do the chores you employed her to do.

The situation would be different if she had been in your employ for years and years, in that situation, if you had been happy with her and she a loyal employee, you would support her regardless of pre existing or not. I have seen this played out to the helper's advantage BUT only because the helper was really a wonderful person, employee who had looked after the family for 20+ years.


If she is in the public hospital, you will not pay that much. Only the bed per day, as far as I know.

Not true, not only are you up for the $100 per day payable to the public hospital, you will need to pay her sick leave benefits and employ someone else to do her work. So in a month you would be paying $3100 ($100x31 days per month) + $3740 (her wages) +$3740 (another helpers wages) = $10580. All in all not an inexpensive undertaking given you have only had her one month!


Sorry about your predicament and good luck.

We were put in the unfortunate situation two days ago when our helper of 2 months checked into a public hospital. The doctor is ordering all kinds of test, so we don't even know what she has or whether it is contagious (we have a young child at home).


I read through the govt publication regarding the employer's obligation when the helper is sick (http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf) and below is what I find:


1) you cannot fire your helper during the so called "paid sick leave" period and must pay a allowance (80% salary). However, you dont have to pay her the regular wage any more while she is hospitalized. The helper's entitlement to paid sick leave is accumulated at 2 days per month working for the employer (in your case, the helper is entitled to 2 days). After she uses up her paid sick leave days, you are free to let her go just as you would in other cases by giving notice (or pay 1 month), buy one-way trip ticket, etc. If you suspect foul play and have good evidence, you can let go the helper after the paid sick leave period without notice period.


2) Her medical bill from the hospitalization is probably covered in the medical insurance you bought for her. You will have to pay upfront and file claims on her behalf to get the money back. There is often a limit in benefits, and the policy is often transferable within the 2 year period, so if you let your current helper max out, then you will have to purchase a new policy for your new helper.


We are going to wait for the diagnosis to come out first before making a decision. It certainly is a pain for both the employer and helper to go through this.

I am not sure if the employer can,' just let her go 'when she has used up her sick pay allowance, unless it can be proved the helper has disclosed her medical condition deliberately, and this would have to be verified and given either Imms or the Labour dept's go ahead (in writing). I was looking at the labour dept website, and it does not say the employer can just let her go.

http://www.labour.gov.hk/eng/public/wcp/FDHLeaflet_Eng.pdf

I do hope there is some recourse for the OP, as this is an unfair burden on the employer.

Medicals are so important prior to employing a helper.