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I Got Pregnant, What Should I Do?
Guide for Pregnant Foreign Domestic Helper (OFW) in Hong Kong
If you are a foreign domestic helper in Hong Kong and find out that you are pregnant, it is important to understand your legal rights, medical options, and the responsibilities of both you and your employer. This guide provides essential information on what to do, what support is available, and where to seek help.
Informing Your Employer
Once your pregnancy is confirmed by a doctor, you must notify your employer as soon as possible. This should be done in writing and include a medical certificate that confirms your pregnancy and states the expected due date.
- This certificate may be issued by a registered doctor, Chinese medical practitioner, or midwife.
Notifying your employer early allows both parties to prepare for the necessary arrangements, such as maternity leave and medical appointments.
Protection Against Dismissal
Hong Kong law protects workers from being dismissed due to pregnancy. Employers are not allowed to terminate your contract because you are pregnant, except in cases of serious misconduct.
Your employment is legally protected from the moment you provide medical proof of pregnancy until your return from maternity leave. If an employer unlawfully dismisses you during this period, you may be entitled to compensation and legal action can be taken against the employer.
Access to Medical Care
As a domestic helper in Hong Kong, you are eligible to use public healthcare services at the same cost as local residents. This means you can receive prenatal check-ups, maternity care, and postnatal services at government hospitals and clinics.
While employers must allow you to take sick leave for pregnancy-related medical visits (with a valid medical certificate), they are not required to pay for your medical expenses.
Giving Birth in Hong Kong
If you choose to give birth in Hong Kong, you can deliver at a public hospital, where costs are more affordable compared to private healthcare facilities. However, the expenses for childbirth, including hospital fees, are your responsibility unless your employer voluntarily agrees to assist.
After delivery, you must also ensure that your child has the appropriate legal documentation, such as birth registration and visa status, depending on your circumstances.
Maternity Leave and Benefits
Maternity Leave
Pregnant domestic helpers are entitled to 14 weeks of paid maternity leave if they meet the following conditions:
- They have worked for the same employer for at least 40 weeks before the start of maternity leave.
- They have officially notified their employer of the pregnancy with a medical certificate.
During maternity leave, employers must provide at least 80% of the domestic helper’s regular salary. Employers may claim reimbursement for 4 weeks of maternity leave pay through the government’s Reimbursement of Maternity Leave Pay (RMLP) Scheme.
Paternity Leave
Male domestic helpers whose spouses are expecting a child are entitled to 5 days of paid paternity leave, provided they have been employed for at least 40 weeks before the leave begins.
Where to Get Help
If you need support or encounter any issues related to pregnancy and employment, you can seek assistance from the following organizations:
PathFinders Hong Kong
This organization helps pregnant migrant workers and mothers, offering:
- Counseling on legal, medical, and employment matters.
- Emergency shelter and essential supplies for mothers in need.
- Assistance with immigration and visa-related concerns.
Pathfinders Hotline: +852 5190 4886
Family Planning Association of Hong Kong (FPAHK)
This association provides reproductive health services, including:
- Birth control and family planning advice.
- Pregnancy counseling and termination services.
- Gynecological check-ups and screenings.
FPAHK Clinic Services Hotline: +852 2572 2222
Integrated Family Services
The Social Welfare Department provides support through Integrated Family Services Centres (IFSCs) and Integrated Services Centres (ISCs) across Hong Kong. These centers offer:
- Family counseling and emotional support.
- Crisis intervention and social work assistance.
- Parenting advice and childcare support.
SWD Hotline: +852 2343 2255
I Got Pregnant, What Should I Do?Informing Your EmployerProtection Against DismissalAccess to Medical CareGiving Birth in Hong KongMaternity Leave and BenefitsMaternity LeavePaternity LeaveWhere to Get HelpPathFinders Hong KongFamily Planning Association of Hong Kong (FPAHK)Integrated Family Services
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