Foreign Domestic Helper Books a Doctor by Herself? What Should Employers Do?

Many employers in Hong Kong may have experienced a situation where a foreign domestic helper books a doctor by herself and then asks the employer to pay the medical bill. If a helper sees a doctor without informing or getting approval from the employer, what should the employer do?

Under Hong Kong's Standard Employment Contract, employers are responsible for providing free and suitable medical treatment to their foreign domestic helpers. This includes medical consultations, hospital treatment and any treatment that the doctor considers necessary. However, this does not mean that a helper can freely book any doctor and ask the employer to pay for all medical expenses.

Here are 5 key points that can help employers protect themselves while also meeting their legal responsibilities.

1. Ask the Helper to Inform You First and Get Approval

Except in an emergency, employers should ask the helper to inform them before seeing a doctor and get their approval first.

This can help employers to:

• Understand the helper's health condition and decide whether immediate medical treatment is needed.

• Avoid the helper choosing an expensive private clinic by herself.

• Make it easier to use domestic helper insurance or a designated clinic, which can help reduce medical costs.

It is best to explain the medical arrangements clearly when the helper starts working, so there are fewer misunderstandings later.

2. Employers Can Choose a Clinic

Hong Kong law does not require a foreign domestic helper to choose any doctor freely. Employers can arrange for the helper to visit a designated clinic, family doctor, or a medical network provided by the insurance company.

Using a designated clinic has several benefits:

• More transparent medical fees.

• Easier to keep track of medical records.

• Helps reduce unnecessary or repeated medical visits.

• Makes it easier to use medical cards or make insurance claims.

However, in an emergency, getting medical treatment as soon as possible should always come first.

3. Keep All Receipts and Medical Records

No matter how much the medical expenses are, employers should keep the following documents:

• Medical receipts

• Doctor's notes or sick leave certificates

• Prescriptions and medication information

• Follow-up appointment records

Having complete records will make insurance claims much easier. It can also help employers understand whether the helper is repeatedly visiting the doctor for the same problem and reduce unnecessary disputes. If there are concerns about possible fraud, the employer can also contact the clinic to check the medical information.

4. Can Employers Refuse to Pay the Medical Expenses?

Many employers may think that if the helper sees a doctor without informing them, they can simply refuse to pay. However, this may not be the case. If the treatment is necessary medical treatment considered necessary by the doctor, the employer will generally still need to pay for it, even if the cost is higher than the insurance coverage.

For example, many domestic helper insurance plans have a medical consultation limit of only around HK$100 to HK$200 per visit. If the helper visits a private doctor and the total cost, including medicine, is HK$500, the insurance may not cover the full amount. If the remaining amount is a reasonable and necessary medical expense, the employer may still be responsible for paying it. The employer cannot simply refuse to pay because the insurance does not cover the full amount.

However, if any of the following situations happen, the employer can first check the details before deciding how to handle the payment:

• The helper visits a very expensive private clinic without informing the employer.

• The helper refuses to use the designated clinic without a reasonable reason.

• The treatment is for beauty, medical beauty or a non-essential health check.

• The helper buys health products, vitamins or nutritional supplements.

• The treatment or medicine is not considered necessary by the doctor.

If there are any doubts, the employer can ask the helper to provide the doctor's diagnosis or prescription before deciding what to do.

5. Choose Domestic Helper Insurance with Better Medical Coverage

The law requires employers to cover necessary medical expenses for their foreign domestic helpers. Therefore, choosing domestic helper insurance with better medical coverage is important. There are mainly two types of domestic helper insurance plans available in the market.

The first type provides a medical card. The helper can visit clinics within the insurance company's medical network directly. This is easier for employers to manage and may also help reduce unnecessary use of medical services.

The second type does not have a medical card restriction. The helper can choose a clinic freely, which provides more flexibility. However, the employer will need to handle the receipts and insurance claims themselves.

Whichever type you choose, it is recommended to check the medical expenses limit, hospital coverage and insurance claim arrangements. The more comprehensive the coverage, the less extra medical cost the employer may need to pay if the helper needs more treatment.

Summary

Employers have a responsibility to provide reasonable and necessary medical treatment for their foreign domestic helpers. At the same time, employers can protect themselves and reduce future disputes by clearly explaining the medical arrangements in advance, using designated clinics, keeping proper medical records, and choosing domestic helper insurance with better medical coverage.

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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