Helper maternity leave & reduced work duties

L

Liquorice

Registered User
Hi, does anyone know the regulations about maternity leave for helpers? My helper recently told me she was pregnant and I'm in the process of trying to work out how to manage the next six or seven months that she is pregnant and on maternity leave.

From what I know of my helper's personality, I anticipate that she will take full advantage of pregnancy to cut down her work load - already at almost three months she doesn't want to cook our food / too tired to do the washing up in the evenings etc. Whilst I fully understand the horrible exhaustion of the first three months and the discomfort of the last three, she pretty much works half days already so has plenty of time to sleep and rest around the few chores she is required to do. I imagine that as her pregnancy progresses - particularly in the third trimester - she will cut down her work load even more. As I said, she only works half days now - less work than I would do in the UK if I lived there just in running the house (not to mention working full time as well). In terms of what work she does as her pregnancy progresses, I guess I have little control, but can I make her take her maternity leave four weeks before she delivers if she is doing no work at all by that point? Does anyone know? Or can she just effectively stop working a couple of months before she's due but insist she only starts her maternity once the baby is born?
 
Liquorice said:
In terms of what work she does as her pregnancy progresses, I guess I have little control, but can I make her take her maternity leave four weeks before she delivers if she is doing no work at all by that point? Does anyone know? Or can she just effectively stop working a couple of months before she's due but insist she only starts her maternity once the baby is born?
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You can require her to start her maternity leave 4 weeks before her due date. See the highlighted bit below from section 12AA of the Employment Ordinance which says:

"(1) With the agreement of her employer, a pregnant employee may decide on the date of commencement of her 10 weeks maternity leave, provided that such date is within a period of not less than 2 weeks before, and not more than 4 weeks before, the expected date of confinement.
(2) If the employee does not exercise her option to decide on the date of commencement in subsection (1), or if she fails to secure her employer's agreement to her proposed leave schedule, the date of commencement of maternity leave shall be 4 weeks immediately before the expected date of confinement."
 
Do you have children??? are you planning on keeping her after maternity leave???? I know some people would compensate her (according to law of course) and ask her to leave as they need someone to take care of the children full time.
 
Smells like trouble. I'd find a legal way to lt her go. Sounds like you weren't too happy with her performance before the pregnancy anyway.
 
I would let her go if I could but I thought it was illegal. Can I legally let her go as long as I pay her up to the end of her maternity leave?

Yes, I have a 6 month old baby. I don't need so much help with him right now but I will come September. She wants to continue to work for me afterwards but I just can't see how it would work out. My son would be 1 year old only and her own baby would be a full time job for many months. Even at 4 or 5 months when things get easier with hers, I am sure that naturally she would prioritise her baby's needs over mine.
 
Rani, the father is Sri Lankan - I employed them both as domestic helpers. I knew the risk of pregnancy but I checked with them before hand and they said they absolutely were not thinking of another baby. She has been working for me for 7 months only and him for only 5. I asked her if she wanted to go back to Sri Lanka to have the baby but she said that then she wouldn't be able to bring the baby in to Hong Kong, that is why she wants to have it here.
 
Gosh! She's hardly been with you. Sorry you're going through this. The child won't get a dependent visa, so he/she will be here illegally? I would drop immigration explaining the situation and see what they say.
 
Please also check what's the latest from the Hospital Authority in terms of charges for giving birth in public hospitals in HK. Since she and her husband are not HK permanent residents, they may have to pay higher charges unless maternity charges are covered by private insurance.
 
babydoll... totally not true. they ARE hk residents with HKID cards and as such eligible for the same medical care as any other resident in hk (not only PR have access to public health care here).
 
also, it is illegal to fire a pregnant helper. sorry.... only thing you could possibly do ask her how much she wants if you paid her to leave. if she resigns, it is legal...so you may be able to "encourage" her to resign.
 
Domestic helpers are like everyone else. Barring major medical problems, they are expected to work full-time until their maternity leave starts. Then they are allowed 10 weeks. If they choose to take much longer, then they risk losing their jobs.
I'm sorry if I sound hard-nosed about it, but the same rules apply to everyone.
So, no. You should not feel backed in a corner to go helper-less for "six or seven months."
The only concession is that you shouldn't ask her to do anything seriously damaging to a pregnant woman, like moving heavy furniture. But cooking and cleaning? I'm 6 months along and I'm doing my own cooking and cleaning!

I've had a hard pregnancy, but only took 3 days off work when I had a genuine medical scare -- a threatened miscarriage. Besides that, I worked full-day shifts through morning sickness, nausea, fatigue and leg cramps. It sucks, but that's what being a pregnant working woman is, whether you work as a maid or in an office.

Do sit down and talk seriously to this couple, and try to be firm but reasonable. Then ask immigration what recourse you have. The law is there to protect people from abusive employers who will fire people simply bc they don't want to give maternity pay. But it sounds like you have a legitimate problem on your hands.

Good luck!
 
My helper (who is sri lankan) said that when she went back to sri lanka to give birth to her daughter that she was required to stay in sri lanka for 3 years after her daughter's birth...maybe that's why she doesn't want to go home.
 
You should check with the labour department where you stand, because I believe she is only entitled to maternity pay if she has worked for you for not less than 40 weeks. Therefore if she has only worked for you for 7 months, that's only about 30 weeks or so. She is still entitled to maternity leave but not paid maternity leave.

Yes it is illegal to terminate, but I think you are allowed to terminate provided you pay up all salaries etc. up to the date that she would have finished her maternity leave.
 
SORRY pls ignore above post.

it's 40 weeks before commencement of maternity leave, so she is entitled to paid maternity leave.
also can only dismiss for serious misconduct.

sorry for wrong info above.
 
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