What Are Your Rights As A Pregnant Helper In HK

When working in a place far from home, it is essential to know your rights and what to expect from your employer. This is very important, especially if you are pregnant.

 

Here is some helpful information that you should know:

 

Are you eligible for a paid maternity leave?

 

You are eligible to 10 weeks paid maternity leave if you’re able to meet the criteria:

1. You need to have been employed in the contract you are in for at least 10 months before taking maternity leave.

2. You have given sufficient notice to your employer about when you will go on your maternity leave. You need valid evidence to confirm your pregnancy, such as a medical certificate.

3. If your employer requires it, you should be able to show through the medical certificate the expected date of your baby’s due date.

 

“What if my contract is less than 40 weeks before the onset of the scheduled maternity leave?”

 

You are still eligible for 10 weeks’ maternity leave — but without pay. You still need to have given notice of confirmed pregnancy, and when you intend to take maternity leave.

 

How much will you receive during the maternity leave pay?

 

The rate of maternity leave pay is a sum that’s equal to the four-fifths of your average daily wage. This is based on an average of what you earned in the 10 months before your maternity leave.

 

If you are employed for less than 10 months, the calculation will be from a shorter period.

 

When calculating the average daily wage, rest days, statutory holidays, annual leave, or sick days will not be included.

 

When should you be paid?

 

You should be paid on the regular payday of that relevant month.

 

Am I eligible for a Pregnant Employee Sickness Allowance when attending medical examinations?

 

Medical examinations concerning your pregnancy include post confinement, medical treatment or miscarriage. A medical certificate should support this. This absence will be considered a sickness day. If you have accumulated a sufficient number of paid sick days, then you are entitled to sickness allowance.

 

You should state in your medical certificate the number of days you are unfit for work and the nature of sickness or injury.

 

How can you accumulate paid sickness day?

 

You can accumulate paid sick leave if you are in a continuous contract. During your first 12 months, two paid sick days can be given for each completed month of the employment.

 

After the first year, four paid sick days will be given for each completed month of employment. Just remember that paid sick days can be accumulated throughout your employment period, but this should not exceed 120 days.

 

When can you start your maternity leave?

 

If you already agreed with the employer, you can take your maternity leave from 2 to 4 weeks before the expected day of confinement.

 

If you aren’t able to decide on a date or secure your employer’s agreement, you can start your maternity leave 4 weeks before the due date.

 

Maternity leave can also start on the due date if it takes place before the planned maternity leave.

 

Being pregnant in a different country to your home is never easy. Remember that you have these rights and always get yourself informed!

 

Links:

1. Labour Legislation
2. Maternity Protection
3. What are the policies and rights around pregnancy for domestic helpers?