Information and resources to navigate pregnancy of domestic helpers

This post is written with the support of PathFinders, an NGO in Hong Kong providing support and services to pregnant migrant women and their children in Hong Kong. PathFinders has also developed a booklet in English and Chinese on this topic, which is a great resource for employers on what to do if their domestic helper is pregnant.

Pregnancy is natural and something we celebrate. In the situation of domestic helpers, due to the unique working arrangements, there are some points that domestic helpers and their employers need to carefully consider and worked through together.

Good communication between the employer and domestic helper is key to achieving legal, safe, and practical arrangements for both parties during this time. We encourage employers and domestic helpers to seek the support to navigate the legal and practical needs.

Information for pregnant domestic helpers and their employers

Providing notice about pregnancy

When a domestic helper becomes pregnant, she is required to give notice to the employer about her pregnancy with confirmation from a medical practitioner and by producing a medical certificate with the expected date of confinement (EDC).

Dismissal due to pregnancy

Under Hong Kong law, a worker cannot be dismissed from service due to pregnancy. Except in cases of serious misconduct, an employer must not dismiss a domestic helper in the period between the date upon which her pregnancy is confirmed by a medical certificate and the date upon which she is due to return to work at the end of her maternity leave.

Medical examination and pre-natal care

Domestic helpers are entitled to access public healthcare in Hong Kong while within their employment contract. This means that domestic helpers can utilise these services at the same cost as local residents. They can also receive free prenatal and postnatal check-ups.

While the employer is obliged to give the domestic helper sick leave with the valid sick leave certificate, the employer is not required to pay for pregnancy-related expenses. 

Delivery options in Hong Kong

As domestic helpers can access the public healthcare system, they can have their baby delivered in a public hospital, where delivery fees are generally affordable. Employers are not required to cover pregnancy-related expenses.

Maternity Leave

A pregnant domestic helper is eligible for 14 weeks of paid maternity leave, provided that:

• She has been employed for at least 40 weeks before the beginning of the maternity leave period, and
• Has given notice to her employer with a medical certificate

The rate of pay during the maternity leave period must be no less than 80% of her regular wages. The government will reimburse 4 weeks of maternity leave pay under the RMLP Scheme.

Paternity Leave

A male domestic worker is entitled to 5 days of paid paternity leave, provided that:

• he has been employed for at least 40 weeks before the beginning of the paternity leave period

For more information please contact the Labour Department.

Resources for pregnant domestic helpers and their employers

Where to find help

• Employment agency: Make sure to reach out to your employment agency in order for them to provide you with guidance and support. It is the responsibility of the agency to support both domestic helpers and their employers with any questions or issues that might arise throughout the employment period. If the Fair Employment Agency is your agency, please reach out to us with any questions.
• PathFinders: Reach out to this NGO which helps migrant workers who become pregnant or have given birth to children in Hong Kong (including those who have overstayed their visas), with:
  • Provide comfort, care & counselling – Address emotional, immigration, medical, employment, security concerns
  • Provide access to needs – Emergency shelter, essential supplies, healthcare, education
  • Facilitate referrals to service partners for more specialised support – Legal matters, domestic violence, drug abuse, contraception, nonessential supplies, child developmental delays
• The Family Planning Association Hong Kong: Reach out to the Family Planning Association in order to receive counselling and clinical services regarding family, sexual and reproductive health and rights. These include:
  • Birth Control
  • Termination of Pregnancy
  • Pap Smear Screenings
  • Breast Examinations
  • Gynecological Examinations
  • Counseling
  • Health Information

Resources

• Pathfinders Guide for Employers  (English) 
• Pathfinders Guide for Employers (Chinese)