“I have to go home”: A guide for employers on domestic helper emergency leave
Employers may sometimes experience the domestic helper requesting for emergency leave, often due to personal matters back in their home country. This may include parents falling sick, difficulties with their partner, or children needing support.
When this happens, a household that relies on the helper’s assistance may face certain challenges. Currently, there are no official guidelines in Hong Kong for employers managing a domestic helper’s emergency leave. Any arrangements on the domestic helper’s emergency leave depends on the mutual agreement between both parties. In case of domestic helper emergency leave requested for any reason, below are some things that you can consider before settling on an arrangement.
Domestic Helper Emergency Leave: Things to consider
1) Proof of emergency
Employers hire domestic helpers to assist with taking care of family members and other household duties. Outsourcing these tasks provides peace of mind while they work. While a personal matter may be distressing to a domestic helper, the domestic helper’s request for emergency leave can also be stressful for employers who require the household support.
Depending on the situation for the domestic helper’s emergency leave, the employer may consider requesting proof of emergency, such as medical certificates, photos, or setting up phone calls with family members to verify the request for leave.
2) Emotional Support
While employers are not contractually obligated to provide emergency leave support to the domestic helper, we recommend approaching all situations with empathy and consideration.
During a domestic helper’s emergency leave, it would be beneficial if the helper has someone in Hong Kong or back in their home country who could provide assistance with contacting family members, assessing the situation, or arranging temporary solutions. Employers can also consider making flexible day-off arrangements for the helper to attend to personal matters.
3) Expected return and timeline
How urgent is the request for domestic helper emergency leave? For employers who require full-time support at home, a domestic helper’s request for emergency leave may cause difficulties in making suitable arrangements in a short amount of time.
Considering all factors, employers are recommended to discuss and confirm the start and end dates for the requested domestic helper emergency leave. According to the Labour Department, reimbursement to the helper’s flight ticket from Hong Kong to the Philippines can only be claimed after the worker returns to Hong Kong. Prior to the domestic helper’s emergency leave, the employer has no obligation to provide the flight tickets requested.
4) Termination
Employers often see hiring a domestic helper as a long-term investment for the family’s care, searching for the right candidate who can stay for multiple contracts. If the domestic helper’s emergency leave is not enough to resolve their personal matters and the helper is unable to come back to Hong Kong on the agreed upon date, employers may need to consider terminating their employment, despite time and money costs to find a replacement.
In the event that work does not resume according to the predetermined arrangement before the domestic helper’s emergency leave, the employer should notify the helper of an automatic resignation if they do not return by a new expected date. The Labour Department recommends the employer to provide such notice to the domestic helper by all reasonable means (including instant messages or email), and maintain their own records as proof of communication. On the new expected date, the employer can submit the Termination of an Employment Contract (Form ID407E) with the helper’s last working date to the Labour Department, whether the helper has acknowledged the employer’s prior notices or not. The employer can also report any outstanding amounts owed by the worker in case of any claim report attempts.
Domestic Helper Emergency Leave: What can employers do?
1) Contact your agency
When in doubt with the arrangements to the domestic helper’s emergency leave, employers are advised to consult your agency directly. Your agency should support you and the domestic helper with any concerns within your working relationship during the contract period.
At Fair Agency, our Client Care service supports employers and are experienced in facilitating these conversations which may be tough to handle. With situations like a domestic helper’s emergency leave, our Client Care Officer helps to find the best possible solution for both the employer and the domestic helper given our years of experience and knowledge about the labour guidelines.
Want support from Fair Agency’s Client Care? Hire with us now.
2) Communicate expectations and potential implications
Employers may be concerned that the domestic helper may not return to work after taking an emergency leave. To reduce the risk of such incidents, employers may find it helpful to communicate your schedule and expectations on their return, as well as explain the consequences according to your agreement.
Before the domestic helper’s emergency leave, the employer may ask for a travel itinerary and emergency contacts. Employers are advised to confirm that the domestic helper understands the agreed terms for the domestic helper’s emergency leave, including their date of return to work to make sure that both parties are on the same page.
Should the domestic helper choose to break their contract during the emergency leave without proper notice, this could impact their employment visa and cause future employment opportunities in Hong Kong. By disclosing these terms to the domestic helper, this can help to ensure that the worker is aware of her options and possible implications.
3) Provide appropriate resources
If the helper is new to Hong Kong or unfamiliar with the resources provided by local NGOs and resource groups, it could be beneficial for the employer to share relevant information to the domestic helper prior to their emergency leave.
- Counseling for Domestic Helpers – In case domestic helpers would like to receive free mental health support.
- Contact details of relevant consular offices – In case domestic helpers would like to make personal enquiries to the officials.
4) Process a termination
Parting ways can be difficult in any situation. If the employer decides to terminate the contract with the domestic helper prior, during, or after the domestic helper’s emergency leave, Fair Agency can help with termination procedures, calculations, and paperwork.
