My maid is suddenly pregnant. How to deal with?

My maid is suddenly pregnant. How to deal with?

Be considerate, the foreign domestic helpers traveled to Hong Kong, but she could not help missing her relatives and feeling lonely. To a certain extent, it is human nature to want a man you can rely on.


Most of the FDHs will accidentally get pregnant under two circumstances

Case 1: Hong Kong recognizes her boyfriend

Case 2 : after returning home to visit their husband


According to the information of the Sunlight Employment Agency, the company has been served since 1996, serving more than 200,000 families. According to the statistics, about 3% of foreign domestic helpers are pregnant while working in Hong Kong, and 90% of them are Filipino domestic helpers.

If the foreign domestic helper is found suddenly pregnant, how did should the employer deal?


Let's take a look at Mrs. Chen's case together:

Living in Central, Chen Tai's estate is 3,000 square feet, so she decided to hire a maid to help. Five years ago, when she "won the lottery", a Filipino maid was found to be pregnant in Hong Kong.

The first Filipino maid was 23 years old, single, and had undergone a full set of inspections when he landed in Hong Kong. But slowly, Mrs. Chen discovered that the Filipino maid had "special dressing skills", even if she was sweating under 30 degrees, she would wear a loose shirt and a plus-size shirt. Mrs. Chen didn't care about being nice at the beginning, thinking that the culture of Filipino maids and sisters requires special attention to clothing. But after two weeks, the Filipino maid Shimo suddenly became dizzy and nauseous, and Mrs. Chen was so frightened that she called Zuo Baiche to help him deal with it.

 At the beginning, Chen Taizhong thought that the Filipino maid was a low-glycemic and fast breakfast, so he asked Mrs. Chen to accompany the Filipino maid to the obstetrics and gynecology department as soon as the doctor in the A&E department finished checking the symptoms. In the end, of course "winning", there are 10 weeks left and BB. As a mother, Mrs. Chen knows that being a mother is not easy. After accepting the letter of apology from Zuo Fei's maid, she bought Zuo's air ticket to return to China.


In fact, in such cases, my Sunshine Maid Center will have some tips to help you out.


1. If an FDH is pregnant, can the employer dismiss the worker?

A: If the foreign domestic helper meets the following conditions, the employer cannot dismiss the worker from the date when the foreign domestic helper is certified to be pregnant by a medical certificate until the date when the maternity leave ends and the worker should resume work.

● The FDH has been employed under a continuous contract

● The FDH has issued a pregnancy notification to the employer


Employers can only fire workers in two cases, otherwise they may break the rules and incur fines*.

● Serious negligence of the foreign domestic helper

● If the employment contract has a clearly agreed notice period, the employer may dismiss the worker within a probationary period of not more than 12 weeks. (The foreign domestic helper cannot be dismissed because she is pregnant.)


2. Can employers require FDHs to have regular contraceptive injections?

A: The foreign domestic helper can agree to it under both circumstances.


3. How should an employer negotiate with a pregnant foreign domestic helper about work?

A: The two sides should start discussions on the basis of consensus. It is best to record the agenda of the meeting in black and white.


4. If the FDH voluntarily resigns due to pregnancy, can the employer count it?

A: Even if the foreign domestic helper offers to resign, the employer should ask him to write a resignation letter.


5. Does the employer give FDHs 10 weeks paid maternity leave?

Answer: Yes. According to the Maternity Leave under the Employment Ordinance, Chapter 57 of the Laws of Hong Kong, employers are required to pay 4/5 of the average daily wages as wages**. Please read the Maternity Leave Ordinance of the Employment Ordinance at the bottom for more details. (After birth, BB can't live in the employer's housing company.)


6. If the foreign domestic helper is found to be pregnant, can I request the employment company to replace the worker?

Answer: No. Based on the fact that the foreign domestic helper is dismissed during pregnancy, which violates the left labor regulations, the employer may be fined up to 100,000 yuan and other additional fees*.


7. Can an employer add a "no pregnancy" clause, either contractually or verbally? Is it legally binding?

Answer: No. Because the addition or fall is only the employer's will and is not legally binding.



* Employers who dismiss pregnant employees are liable to prosecution and, if convicted, up to a fine

100,000 yuan. In addition, the employer must, within 7 days of terminating the contract, pay the employee the following:

1. Dismissal pay in lieu of notice;

2. A sum of compensation equivalent to 1 month's wages6; and

3. The employer is required to pay the employee maternity leave pay for 14 weeks if he/she is eligible for maternity leave pay if he continues to be employed.

In addition, if the employer dismisses the employee for reasons other than those stipulated in the Ordinance, the employee may file a claim against the employer for "employment security" compensation.


**The daily rate of maternity leave pay is equal to four-fifths of the average daily wages earned by the employee in the 12 months preceding the "first day of maternity leave". If the employee's employment period is less than 12 months, the shorter period shall be used. The four-week maternity leave pay cap for weeks 11 to 14 is $80,000.


Maternity Leave under the Employment Ordinance, Chapter 57, Laws of Hong Kong: https://www.labour.gov.hk/en/faq/cap57h_whole.htm


A Concise Guide to the Employment Ordinance Chapter 6 : https://www.labour.gov.hk/en/public/pdf/wcp/ConciseGuide/06.pdf


Labour Department Foreign Domestic Helpers Publicity Materials and Related Publications : https://www.fdh.labour.gov.hk/en/publication.html

The information provided on this website is for reference only. No express or implied warranty is given by the Sunlight Employment agency as to the accuracy of the information and will NOT be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information.