How to Prevent Foreign Domestic Helpers from Abusing Sick Leave A Guide for Employers
Foreign domestic helpers in Hong Kong have the same right to sick leave as other employees under the Employment Ordinance. However, some employers have noticed that their helpers frequently take sick leave, raising concerns about potential abuse. This can disrupt household operations and create inconvenience for employers. To manage this situation effectively, employers should understand the relevant legal regulations and adopt proper measures to ensure that helpers take sick leave appropriately while also protecting their own rights.
Legal Regulations on foreign domestic helper Sick Leave
Under the Hong Kong Employment Ordinance (Chapter 57), employers should take note of the following when managing a foreign domestic helper’s sick leave:
Accumulated Paid Sick Leave: employee earn two paid sick leave days for each completed month of service, up to a maximum of 120 days.
Sick Leave Pay Calculation: Employers must pay employee at least 75% of their daily wage during sick leave.
Medical Certificate Requirement: Employee must provide a medical certificate issued by a registered doctor, Chinese medicine practitioner, or dentist in Hong Kong.
If a foreign domestic helper fails to submit a valid medical certificate or if the certificate does not meet legal requirements, the employer has the right to refuse payment of sick leave wages.
How to Prevent and Handle foreign domestic helper Sick Leave Abuse
If an employer suspects that a foreign domestic helper is frequently taking sick leave without a genuine reason, they can take the following steps:
Require an Official Medical Certificate
Employers can request Helpers to provide a medical certificate from a registered doctor in Hong Kong. If necessary, they can contact the clinic to verify the document’s authenticity.Assign a Designated Clinic
Employers can agree with the foreign domestic helper that, in case of illness, they must visit a designated clinic or public hospital for treatment to ensure proper diagnosis.Monitor Sick Leave Patterns
If a foreign domestic helper frequently takes sick leave on weekends or before public holidays, employers should record the leave dates and observe if there is a pattern of misuse.Issue a Verbal or Written Warning
If a foreign domestic helper repeatedly takes questionable sick leave, the employer can issue a verbal warning first. If the situation continues, a written warning should be given. In severe cases, the employer may consider terminating the contract.
Online Discussion: The Risks of Helpers Seeking Medical Treatment in Shenzhen
Some employers have shared online that their helpers prefer to go to Shenzhen or Mainland China for medical treatment. Employers should be aware of the following risks:
1. Visa Issues
l Helpers from Indonesia and the Philippines need a valid visa to enter Mainland China.
l The cost of the visa should be paid by the foreign domestic helper and is not the employer’s responsibility.
l If the foreign domestic helper overstays or enters illegally, they may be fined or denied entry.
2. Medical Costs Not Covered by HK Insurance
l Most Hong Kong foreign domestic helper insurance policies only cover medical expenses within Hong Kong.
l If the foreign domestic helper receives treatment in Shenzhen or other parts of China, the employer will not be responsible for any medical expenses.
3. Medical Certificates from China May Not Be Accepted
l Medical certificates from Mainland China may not meet Hong Kong’s legal standards.
l Employers have the right to reject a sick leave request based on a Mainland-issued medical certificate.
l If a foreign domestic helper provides a medical certificate from China, the employer can request them to re-visit a Hong Kong-registered clinic for verification.
Conclusion
While sick leave is a legal right, employers also have the right to ensure it is not abused. Employers should require valid medical certificates, establish clear sick leave policies, and closely monitor leave patterns to avoid misuse.
For helpers seeking medical treatment in Shenzhen, employers should insist that they visit a Hong Kong-based clinic to avoid insurance issues and unrecognized medical certificates.
By implementing a clear sick leave management system and choosing a comprehensive foreign domestic helper insurance plan, employers can effectively manage sick leave, protect their own interests, and maintain a stable and fair working relationship with their foreign domestic helper.
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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
