Foreign domestic helper standard employment contract Q&A Vol. 4
Pregnancy, Maternity Leave and Holidays
Certain situations, though rare, such as a foreign domestic helper's pregnancy or the overlap of rest days with statutory holidays, are important for employers to understand to avoid breaking the law. This article provides a Q&A on issues related to foreign domestic helpers' pregnancy, maternity leave, and holidays.
Q: Can an employment contract be terminated because a foreign domestic helper is pregnant?
Ans: No, foreign domestic helpers are protected under the Employment Ordinance. Employers cannot dismiss an employee due to pregnancy or while on maternity leave. Doing so can result in prosecution and a maximum fine of HK$100,000 upon conviction.
Q: How is a foreign domestic helper's salary calculated during maternity leave?
Ans: A foreign domestic helper must have worked for the same employer for at least 40 weeks to be entitled to paid maternity leave. During maternity leave, the helper is entitled to 80% of their regular wages, which should be paid according to the monthly salary schedule specified in the contract.
Q: When does a foreign domestic helper start maternity leave?
Ans: The arrangement for maternity leave is decided through mutual agreement between the employer and the helper.
Q: What should be considered when a pregnant foreign domestic helper is working?
Ans: If a foreign domestic helper provides a doctor’s certificate confirming pregnancy, the employer should follow the doctor's recommendations to avoid assigning tasks that may harm the pregnant helper. Upon receiving the doctor's certificate and recommendations, the employer must adjust the helper’s duties within 14 days to comply with the law, failing which they may be fined up to HK$100,000 upon conviction. To mitigate the risk of work-related injuries during pregnancy, employers should consider purchasing comprehensive insurance for the helper, which can cover hospitalization and surgical expenses if needed.
Related Reading: Pregnancy and Maternity Leave Arrangements for Foreign Domestic Helper
Q: Do domestic helpers get statutory or bank holidays off?
Ans: The standard employment contract for foreign domestic helpers is based on the Employment Ordinance by the Labour Department, meaning foreign domestic helpers in Hong Kong are entitled to statutory holidays, which are labour holidays.
Related Reading: Statutory Holidays for Foreign Domestic Helpers in 2025 and Important Notes
Q: What happens if a statutory holiday coincides with a foreign domestic helper's rest day?
Ans: If a statutory holiday falls on a helper's rest day, the holiday should generally be observed the following day. However, employers can discuss alternative arrangements with the helper.
Q: Are statutory holidays for foreign domestic helpers paid holidays?
A: If a foreign domestic helper has been employed under a continuous contract for at least three months, they are entitled to holiday pay equivalent to their average daily wages over the 12 months preceding the holiday.
Q: Can an employer require a foreign domestic helper to work on a holiday in exchange for extra pay?
A: Statutory holidays cannot be substituted with additional pay. This practice violates the Employment Ordinance and can result in fines or imprisonment.
Related Reading: Can I “buy” the paid holiday from the foreign domestic helpers?
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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
