Taking the foreign domestic helper on a trip - Does the foreign domestic helper insurance cover it?

Hong Kong people love to travel, but in the past two years, due to the raging pandemic, most countries have implemented entry restrictions or even banned entry. Now the restrictions are all gone, it's time to start planning trips again! If you have a foreign domestic helper, some employers may invite them to travel together. Does the foreign domestic helper insurance cover their travel? What else should be considered?

Does the employer have the responsibility to provide coverage for the foreign domestic helper traveling?

As an employer, you should be aware that the "Standard Employment Contract" specifies that the employer must bear the medical expenses of the foreign domestic helper. However, there are exceptions regarding the foreign domestic helper's travel. When does the employer need to take responsibility? Here are some considerations:

Scenario 1:

During the employment period, even during vacation, if the foreign domestic helper falls ill or has an accident in Hong Kong, regardless of whether it is work-related, the employer is responsible for their medical expenses. This means that if the foreign domestic helper goes on vacation to Cheung Chau and gets injured, the employer needs to cover their medical expenses. In such cases, if the employer has purchased employees' compensation insurance or comprehensive insurance for foreign domestic helpers, they can file a claim with the insurance company.

Scenario 2:

If the foreign domestic helper is on vacation and voluntarily returns to their home country or travels abroad, the employer is not responsible for medical expenses during the period outside of Hong Kong. For instance, if the foreign domestic helper decides to travel to Japan during their vacation and gets injured, they are responsible for their own medical expenses. This is based on the 2003 revision of the "Standard Employment Contract," which states that the employer is not responsible for medical expenses during voluntary and personal reasons for leaving Hong Kong, such as going on vacation or traveling abroad.

Scenario 3:

If the employer invites the foreign domestic helper to travel abroad, and the foreign domestic helper agrees, the employer is also not responsible for medical expenses because it is voluntary. However, it is recommended that the employer purchase travel insurance for the foreign domestic helper since typical comprehensive insurance for foreign domestic helpers only covers incidents within Hong Kong. Even short trips to Macau or Shenzhen may fall outside the coverage area, and insurance won't apply if an unfortunate event occurs.

Scenario 4:

If the employer instructs the foreign domestic helper to travel together and it is not voluntary on the part of the foreign domestic helper, the employer is responsible for all medical expenses in case of any accidents during the journey. If the employer has not purchased travel insurance for the foreign domestic helper, then the employer has to bear 100% of the costs since the coverage of comprehensive insurance for foreign domestic helpers is limited to Hong Kong. If the foreign domestic helper is seriously injured and requires a medical evacuation back to Hong Kong, or in the unfortunate event of death, the employer is fully responsible for all associated expenses.

Service Provision Issues during the Foreign Domestic Helper's Travel:

It's important to note that if the purpose of having the foreign domestic helper travel is to provide services to the employer and their family, it may potentially violate local labor laws. The immigration regulations in Hong Kong generally state that the conditions of stay for foreign domestic helpers are only binding when they are in Hong Kong. If the foreign domestic helper and employer agree to travel together, they must comply with the visa requirements, laws, and regulations of the destination country/region.

Conclusion

The opportunity for foreign domestic helpers to travel is not frequent, so as long as you remember to purchase travel insurance, you can obtain most of the coverage. However, foreign domestic helpers may require medical attention due to illness or accidents in their daily lives or even during vacations. Therefore, employers should carefully choose a suitable insurance plan to cover foreign domestic helpers' needs.

Related product:

California Insurance's latest foreign domestic helper insurance offers the highest coverage in Hong Kong with up to HK$88,000 coverage for hospitalization and surgical expenses. It also provides “New Starter Benefit” that offers probationary protection and “Open Cover” policy reservations for up to 365 days. Learn more or apply now.

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