Helper on maternity Leave - Stay out ?



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ORIGINAL POST

POSTED BY eeiagm (6 mths ago)
Hi,

I wonder has anyone experience of this situation.

My helper wishes to stay out in HK with her boyfriend for the duration of her maternity leave. His sister is also there so she can have "family support" during the last month of pregnancy plus around the birth.

This is ok with me as I will need her bedroom for a live-in to cover for her during the maternity leave plus the time she will spend in her home.

I want to support her but I am concerned that will breach the rules relating to helpers. I can't find any advice on this except the general ruling that helpers must live-in.

Has anyone found guidance on this.

Thanks.

COMMENTS

Kus Kus (5 mths ago)
Shes on leave so that should be the same situation as a holiday. Check with labour and immigration.

dussally (5 mths ago)
You can whatsapp my friend who is a domestic helper agent, I think she can answer all your questions. Her name is Susanna Ng: 66298319.

lagrue (5 mths ago)
I would call immigration directly as Krus Krus suggest. It should be a cut and dried situation. In my experience domestic helper agents have been known to give imperfect information and you will have no recourse if it all goes U shaped if you rely on anyone other than the Immigration Department. Good luck.

eeiagm (5 mths ago)
Thanks for the replies. Will post any further information.

Kus Kus (5 mths ago)
Labour will take about a week to reply. .

romeoandjuliet (4 mths ago)
Hi EEIAGM,

Did you find out the info you were looking for? I am about to go through the same situation myself. The government don't make this easy. Can I ask, did you manage to get a full time helper for maternity cover? I'm finding this very difficult as helpers need to be on contract so it looks like I may need to sign a 2nd helper for 2 years (which I do not need or want.) Any Advice appreciated.

Thanks

eeiagm (4 mths ago)
Hi. Actually, this got overtaken by events and I never consulted Labour after all.
The girl started to have all day "morning sickness" and it got to the point where she was staying in bed most of the day. She was becoming miserable so we had a few talks and I proposed to pay her 2 months salary plus an air ticket for her to go home to Phil where she had some family to help take care of her. (as you know, pregnant helper cannot ordinarily be dismissed).
She was happy with this and "broke contract". I am now waiting for the visa to be processed for the new helper.
(Regarding the second helper question, I had been planning to get one of the girls who are (illegally) working part-time/ live out through my existing helper's contacts. No contract, just pay her an agreed rate on a weekly basis, but I didn't need to go that way after all).
In your case, if she is lucky enough to have a sickness-free pregnancy, then you have more time to work with. I suggest you talk to her about why she wants to have the baby in HK as opposed to going home. Ask some open questions. If she has family support in Phil then it could be that she is open to break contract if you can pay her some money. Your agent can assist to make sure it is done properly so that you are not accused of a contract termination.


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