Pregnant Helper - what now?

Hi,

I was hoping for some advice. Our helper has announced she's 17 weeks pregnant with her first child. Despite the fact she is hardworking, reliable, and honest she is assuming she will go back to the Philippines 2 months before her due date and then return 3 months after she has had her baby. A total of 5 months is not realistic for us. I understand we must pay her 10 weeks maternity pay which is fine but because she wants to have her baby in the Philippines she would have to fly at 7 months. Obviously we need to have a discussion with her about the finer details but what I really want to know is what rights does she have, and also what rights to we have as an employer. I only receive 10 weeks maternity leave so its difficult to say yes to 5 months. Is there any Government section that we can get advice from?

Any advice would be greatly appreciated.


thanks

You have to check but if you as an employee are supposed to be back from maternity leave after 10 weeks maternity leave and you don't then you will be breaking the contract and your employer doesn't have any obligation to take you back when you decide to show up.

On the other hand since you say she is hard working, reliable and honest why don't you tell her she can only get 10 weeks maternity leave (which I think it is also pay 80% of the salary ) any extras is no salary

It is very difficult to find someone with this attributes, you could sign a new helper, if she is not good, worst case scenario you let her go after the current one comes back.

Thanks for your reply FIFIB. Yes I agree we will have to look into 'not returning after 10 weeks' rule. We don't want to be disrespectful as she has worked with us for nearly 3 years. The only Government information I can find is the 10 weeks pay, nothing on a domestic helper taking extended leave and whether its a negotiable thing between employer and employee.

I can accept she may need to stay for longer than 10 weeks but how do people get another helper in the meantime. We both work and have commitments whereby we would need someone in our house. Difficult moral situation I feel!