I Need Advice

Understandably, sudden news of your MDW being pregnant may bring challenges and mixed feelings – from sharing her joy to feeling anxious about how her pregnancy will affect the running of your household.

Issues such as whether your pregnant MDW can cope with the demands of her job while ensuring her safety and well-being, and finding alternative care for your young children during the period when she is unable to work, are valid concerns.

Understanding your legal rights and obligations as an employer, and having an open communication with your MDW about the relevant issues are the first steps to tackling the challenges and finding practical solutions.

Yes. Hong Kong employment laws acknowledge that all female employees –  including MDWs – have the right to be pregnant during their employment contract.

Notification of Pregnancy

You are entitled to ask your MDW to provide you with a copy of her medical certificate confirming her pregnancy and the expected date of delivery.

Safe Working Environment

If your MDW has been advised by a doctor that she should avoid heavy, hazardous or harmful work to ensure her and her baby’s safety; do make alternative work arrangements. 

If she is experiencing a high-risk pregnancy, do adjust her work schedule and responsibilities, and encourage her to take frequent short breaks to rest. 

You could ask your MDW to provide a copy of her medical certificate confirming such recommendations from the doctor.

Maternity Leave

All female employees, including MDWs, are entitled to 14 weeks of maternity leave.

If your MDW has not notified you of the date she intends to commence her maternity leave, please initiate a discussion to find out whether she plans to stay in Hong Kong or return to her home country during her leave.

Maternity Leave Pay (MLP)

If you have employed your MDW for at least 40 weeks before the start of her maternity leave, you are obliged to pay her MLP. This is calculated as 4/5 or 80% of her normal wages. MLP is due on your MDW’s normal pay day and must be paid within 7 days.

If you have employed her for less than 40 weeks, then she is entitled to maternity leave without pay.

The statutory maternity leave is 14 weeks. For the MLP of the 11th to 14th weeks (4 weeks), MDW employers can apply for reimbursement under the government’s RMLP Scheme using the Easy Reimbursement Portal. 

Example:

If a MDW began employment with an employer on 1 January 2023 and begins taking maternity leave from 1 February 2024, she is entitled to maternity leave pay. If her monthly salary is $5,000, her total maternity leave pay is calculated as follows:

• Daily rate: $5000/365 x 12 x ⅘ = $131.50
• Total MLP over the 14 week period: $131.50 x 98 days = $12,887
• Total MLP (4 weeks) to be reimbursed from the government: $131.50 x 28 days = $3,682

No. Under the Hong Kong Employment Ordinance, unless you have a valid reason, it is unlawful to dismiss a pregnant MDW from the date her pregnancy was confirmed up to the end of her maternity leave.

You may be liable to prosecution and, if found guilty, to a fine of up to $100,000.

Valid grounds for termination include, but are not limited to:

• wilful disobedience of a reasonable and lawful order,
• serious misconduct,
• habitual neglect of duties,
• fraud or dishonesty.

Under the law, you have to immediately withdraw the termination, unless there is a valid reason for it.

Valid grounds for termination include, but are not limited to:

• wilful disobedience of a reasonable and lawful order,
• serious misconduct,
• habitual neglect of duties,
• fraud or dishonesty.

You may wish to ask your MDW to write a letter highlighting that she is resigning on her own accord without duress, and she is aware about her rights and your obligations as an employer.

No. Employers cannot decide where their MDW should have their baby.

No. Your MDW is responsible for her own travel expenses if she returns to her home country during her maternity leave. If you do offer to pay for her airfare so that she can travel home, please make it clear to her whether it is a gift or a loan that must be repaid at a later date to avoid any misunderstanding. 

No, you are not obligated to provide accommodation to your MDW’s baby. However, you may allow the baby to live with the mother in your home if you wish.

No. Your MDW is responsible for all the expenses related to her pregnancy and the delivery of her baby, including medical fees and her baby’s needs.

No. Helper insurance plans in Hong Kong currently do not cover the fees for pregnancy, childbirth and termination of pregnancy.

It is not easy for MDWs to raise their children in Hong Kong, as successful integration of their work and family life can be very challenging. MDWs would need to be prepared for the many adjustments to their work routine whilst attending to the needs of their children at different development stages. 

If the MDWs are new mothers, the adjustment period could be tougher and longer. Babies require a lot of care round the clock – and this can be very exhausting for their caregivers. Coupled with the need to fulfil their job responsibilities, many MDWs will find this situation extremely stressful and overwhelming. This is especially so when MDWs receive little or no support from their partners or family members. The support of employers, such as yourself, can certainly help in this journey.

Just as your MDW will face a challenging period of adjustment, you and your family would have your own set of challenges too. For a start, your household would need to adapt to a young child sharing your home. This may not be easy, especially in the first few months, as newborn babies tend to cry frequently. You might also need to moderate your expectations of your MDW’s work performance, and allow some flexibility so she can adjust her daily work routine to realistically meet the needs of her baby. In essence, both parties should be well-prepared for the transition. This period of adjustment, if poorly managed, could cause tension and disagreements; not to mention disruption to both families.

It would be ideal for employers and MDWs to communicate and openly discuss these issues ahead of time, and agree on a plan that works for both. Bear in mind too that children’s needs evolve as they grow, so it’s also important for both parties to have an open mind and have frequent honest conversations to make this situation work in the long run.

A simple tip that could help both parties manage better is to let your MDW have frequent short breaks during the day to better manage her energy levels, which in turn will help her manage her job duties better.

Once your domestic worker’s baby is born, she should promptly apply for his birth certificate, passport and dependent visa. The baby’s dependent visa will be attached to his passport. With the dependent visa, your MDW’s child will be able to live, study and access public health care in Hong Kong.

According to the Labour law, there is no deadline to notify employers about pregnancy. But we encourage MDWs to notify employers not long after finding out they are pregnant so both parties could plan and work on win-win outcomes together.

It is understandably upsetting not to find out about the news earlier. Early notification can indeed benefit both employers and MDWs in coming up with win-win plans.

It often takes a lot of bravery for a MDW to tell her employer that she is pregnant. The fear of being dismissed from her job is a real concern for many MDWs, even for MDWs who have a strong working relationship with their employers. 

For some MDWs whose pregnancies were planned, the pregnancy can be a joyous anticipation. But for many others, love scams and the lack of reproductive health knowledge (ie. family planning and contraceptives) can lead to an unexpected pregnancy. When that happens, often the MDW may feel confusion or anxiety about the future.

Give yourself a bit of time to process the news. When you are ready, have an honest conversation with your domestic worker. Focus on connecting, being solution-focused and together come up with a viable plan that works for both parties. Check out our guidebook to navigate your next steps.

Yes. However, she would need to be aware this does not necessarily mean her baby will automatically gain permanent residency status in Hong Kong. If the child is born in Hong Kong and has a parent who is a Hong Kong Permanent Resident, the child may be eligible for right of abode.

Yes. Your MDW can access free antenatal and postnatal services, as well as affordable obstetrics service with a valid HKID and visa. 

Your MDW can register at any public hospital for antenatal check-ups. They will need to present their HKID, employment contract (as address proof) and her pregnancy certificate.

Please check here to find out which hospital is closest to your home.

Your MDW can use the employment contract as address proof.

Yes. If your MDW needs to attend a medical examination in relation to her pregnancy or require medical treatment after she has given birth, any day on which she is absent from work for such examination or treatment will be considered a paid sickness day which means she is entitled to sickness allowance. 

Your MDW could request for an attendance certificate from the medical professionals when she completes her check-ups.

If your MDW is going through a high-risk pregnancy or experiencing ill health, do seek medical advice. The doctors can evaluate your MDW’s condition and assess if she is suitable to work. Adjustments to her work schedule and responsibilities can then be made accordingly.

Your MDW can refer to our article on termination of pregnancy for more information.

Terminating a pregnancy by taking substances like medicines and herbal drinks without medical supervision is illegal in many regions, including Hong Kong, where individuals may face prosecution, fines, or imprisonment if found guilty.

Beyond legal repercussions, self-abortion poses significant health risks, which can include life-threatening complications. According to the World Health Organization, the physical health risks include:

• Incomplete abortion (failure to expel all pregnancy tissue from the uterus)
• Haemorrhage (heavy bleeding)
• Infection
• Uterine perforation (caused by sharp objects piercing the uterus)
• Damage to the genital tract and internal organs due to the insertion of dangerous objects into the vagina or anus

All pregnant female employees in Hong Kong, including Migrant Domestic Workers who have been employed under a continuous contract for at least 40 weeks are entitled to 14 weeks of maternity leave. This may commence from 2 to 4 weeks before her expected date of delivery.

We encourage you to prepare a written agreement about the maternity leave arrangement (as agreed by both you and your MDW) before your MDW starts her maternity leave.

Under the standard employment contract for MDWs, they should only reside in the home of their employer at the address specified in the contract. There is no exception for when a MDW is on maternity leave unless she takes her leave outside Hong Kong.

While it may be possible to request permission from the Labour and Immigration Department to allow your MDW to stay in an alternative accommodation, this is rarely approved and granted only in exceptional circumstances.

It is not advisable to do so. Airlines have restrictions on pregnant travellers. Most airlines do not accept passengers who are more than 35 weeks pregnant. You may wish to discuss the possibility of your MDW taking an earlier leave, whether paid or unpaid, before her scheduled maternity leave, while she can still travel by air.

There is no statutory guideline for employers to provide meal allowance to their MDWs during maternity leave. However, it is always good to discuss this with your domestic worker, so you are both in agreement.

No, you do not need to grant her additional days off.

If you have employed your MDW for at least 40 weeks before the start of her maternity leave, you are obliged to pay MLP. This is calculated as 4/5 or 80% of her normal wages. MLP is due on your MDW’s normal pay day and must be paid within 7 days.

If you have employed her for less than 40 weeks, then she is entitled to maternity leave without pay.

The statutory maternity leave is 14 weeks. For the MLP of the 11th to 14th weeks, MDW employers can apply for reimbursement of 4 weeks of MLP under the government’s RMLP Scheme using the Easy Reimbursement Portal. 

Example:

If a MDW began employment with an employer on 1 January 2023 and begins taking maternity leave from 1 February 2024, she is entitled to MLP. If her monthly salary is $5,000, her total MLP is calculated as follows:

• Daily rate: $5000/365 x 12 x ⅘ = $131.50
• Total MLP over the 14 week period: $131.50 x 98 days = $12,887
• Total MLP (4 weeks) to be reimbursed from the government: $131.50 x 28 days = $3,682

Yes. MDW employers can apply for reimbursement of 4 weeks of MLP under the government’s RMLP Scheme using the Easy Reimbursement Portal. 

No, you do not have to end the employment contract if you’d wish to pay her MLP.

You can do so by depositing her MLP to her bank account. If she does not have a bank account, she should consider setting up one in Hong Kong before she commences her maternity leave.

Your MDW will need to ensure she can conveniently access the bank account while outside Hong Kong. Your MDW can find out more about how to open a bank account in Hong Kong here.

You and your MDW can also consider platforms such as WeChat Pay for convenient salary transfer.