Foreign Domestic Helper Fired After Cancer Diagnosis: What Employers Need to Know
Recently, a case where a foreign domestic helper was fired after being diagnosed with cancer sparked widespread attention. Reports revealed that the employer opposed the helper undergoing chemotherapy, demanded she work during her sick leave, and eventually terminated her employment. This case raises not only ethical concerns but also potential violations of the Employment Ordinance and the Disability Discrimination Ordinance. Employers and those planning to hire foreign domestic helpers should understand their legal responsibilities to protect both parties' rights and minimize legal risks.
Case Background
According to the news, a Filipino foreign domestic helper was diagnosed with breast cancer late last year. She requested chemotherapy, but her employer refused and forced her to leave her residence while on sick leave. She was later fired due to her health condition. This incident may have breached the Employment Ordinance provisions on paid sick leave, punishable by a fine of up to HKD 100,000 if convicted. It may also violate the Disability Discrimination Ordinance.
Some reports also highlight cases where employers failed to provide suitable insurance for their helpers, leaving helpers to pay for their own medical expenses or forcing employers to shoulder large medical bills, further worsening tensions between both parties.
Legal Responsibilities of Foreign Domestic Helpers’ Employers
1. Under the Employment Ordinance:
Paid Sick Leave: Helpers can accumulate two paid sick leave days per month, up to a maximum of 120 days. If a sick leave lasts two days or more and is certified by a doctor, the helper is entitled to paid sick leave.
Medical Expenses: Employers are required by the standard employment contract to cover all medical expenses for their helpers, including costs for serious illnesses such as surgery or chemotherapy.
Protection During Sick Leave: Employers cannot require their helpers to work during sick leave or dismiss them due to illness.
2. Under the Disability Discrimination Ordinance:
This law prohibits discrimination against employees based on disabilities, including serious illnesses. Terminating helper due to illness could be deemed unlawful, even if the dismissal appears to comply with the Employment Ordinance.
What Employers Should Do
1. Arrange Pre-Employment Health Checks
Before signing a contract, employers should arrange a comprehensive medical checkup for the helper and carefully review the health report. Do not solely rely on information provided by agencies, and never sign blank contracts to avoid disputes later.
2. Purchase Insurance for FDHs
Buying domestic helper insurance is not only a legal requirement but also crucial for reducing financial risks. Employers should select a comprehensive insurance plan that covers major illnesses such as cancer and heart disease to ensure sufficient protection.
The Importance of Domestic Helper Insurance
1. Comprehensive Protection Brings Peace of Mind
Domestic helper insurance ensures both the employer and helper are protected. Comprehensive plans typically include:
Hospital and Surgical Expenses: Covers expensive treatments like cancer chemotherapy or heart surgery.
Clinical/Medical Expenses: Ensures timely medical care for the helper.
Personal Accident Coverage: Includes compensation for injuries or death caused by accidents.
2. Coverage for Serious Illnesses
Some standard insurance plans may not cover critical illnesses such as cancer or heart disease. Employers must carefully review policy terms to ensure such risks are covered. Comprehensive plans can reduce the financial burden and prevent hardship caused by large medical bills.
3. Respect Professional Advice and the Helper's Wishes
If a helper requires medical treatment, employers should respect the doctor’s professional advice and the helper treatment preferences. Employers should also keep a clear record of sick leave to avoid disputes.
Conclusion
Health is a basic right for everyone. As employers, it’s your responsibility to safeguard your helper’s health and well-being. Fulfill your legal duties, choose the right insurance plan, and regularly check your helper’s health. Doing so not only fosters a harmonious working relationship but also reduces potential financial risks, ensuring peace of mind for both parties.
By providing suitable insurance coverage, employers can ensure better protection for helpers, enabling them to work with peace of mind and fostering a win-win relationship.
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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use
