(5 yrs ago)
Hi, will talk with immigration but would like to hear from anyone who has a DH who is off on sick leave and can no longer work, actually won't be able to return to work. How was immigration in providing answers to this. Doc says will take years and years to recover so I'd like to get them back to their family.
Sorry about your helper, she obviously has had a very serious problem if the dr says she will never be fit for work, ideally she should be with her family back home as soon as fit to travel in case there are any more life threatening occurences.
I have copied and pasted the Labour dept's help for employers, there may be information on page 15 which will help, I don't know how near to the end of contract your helper is, or if she is fit to travel yet after a heart attack, but you would have to ask the Dr about that, before making arrangements for her to fly.
Have you any health insurance for you helper?, there may be a clause on the policy which helps with medical costs and repatriation if she is unfit for work.
You may have to pay her 4/5th salary per month till the end of contract, plus air fares one way to her home town.
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf look at page 15
the 4/5 salary is sick leave capped at 120 days (approx 4 months) so that wouldn't get me to end of contract. The help for employers doesn't cover a dh unable to work until,the end of her contract
(5 yrs ago)
Sorry not clear what your concern is - you can give her 1 mth's notice or pay in lieu of notice while she can give immediate notice with the medical letter certifying her inability to work. And you pay her ticket back.
She is on sick leave at the moment and it states you cant terminate a dh while on sick leave. So if I get a letter from the doctor saying she can't work and won't recover well enough to then I am ok to pay her out?
Your best bet is to speak to Imm and the labour dept, as sick leave is capped at 120 days, then you may only have to pay 120 x 4/5th of her salary, before letting her go immediately, providing it is safe for her to fly home. I would really get a letter from her Dr stating she is fit to fly, and she can't work anymore, then you have yourself covered should anything happen to her on the journey. Perhaps when you contact Imm and Labour dept you get their recommendation in writing, so that your helper or any relatives can never claim she has been unfairly dismissed whilst on sick leave.
(5 yrs ago)
Has she worked 3yrs to earn the 120 day sick leave max? Once this period is over, she would no longer be on paid sick leave (during which you can't dismiss her) and hence can be given notice, whether sick or not. You could even have sufficient grounds for instant dismissal should you choose to go that route - if she cooperated, you could see if she were willing to resign during the sick leave and negotiate a payment.
Flying is the normal way, but a boat is an option if she can't/won't fly. You are obliged to provide passage and allowances during travel, however, making the journey and fitness to travel after she leaves your employ is not your responsibility. If she really is so disabled and unable to travel, she would have to turn to her embassy and Immi for advice/assistance.
If she is very sicked, she can stay in the hospital for a while and if she gets better to go home, you can terminate her contract and you can give the compensation according to labor law. Some employer just terminates the contract for petty reason. It is the right thing to do for sicked people to go home as I believe she would be happy to stay with her love ones.