There is no doubt that a foreign domestic helper plays a vital role in taking care of your household chores, children, and senior family members when you have your hands full. Meanwhile, you are responsible for taking care of the health and well-being of your live-in helper. Here are some tips from HoldCover to help you get to know your obligations when the helper gets sick.
1. Who is responsible to pay for the medical expenses incurred by a domestic helper?
As an employer, you are obliged to pay all medical fees and expenses for your domestic helper when required, it doesn’t matter if the injury or sickness is related to work (except when he/she has left Hong Kong on a non-work trip). In accordance with the standard employment contract, when a foreign domestic helper is ill or injured, the employer shall provide free medical treatment to him/her whether or not it is attributable to his/her employment. Free medical treatment includes medical consultation, maintenance in hospitals, and emergency dental treatment.
2. Do I have to buy a more extensive domestic helper insurance plan if I have already obtained an Employees’ Compensation Insurance for my helper?
Yes, if you want to avoid unexpected steep medical bills incurred by your domestic helper. In general, obtaining an Employees’ Compensation Insurance (“EC Insurance”) for a domestic worker is mandatory in Hong Kong; but you can decide whether to buy a more extensive helper insurance plan or not.
According to section 40 of the Ordinance, no employer shall employ any employee in any employment unless there is in force a policy of insurance to cover his liabilities under the laws (including the common law) for injuries at work in respect of all his employees, irrespective of the length of employment contract or working hours, full-time or part-time employment. However, it does not cover you against the medical expenses of your domestic helper due to sickness.
As such, it is strongly encouraged that you should buy a more extensive helper insurance plan as it provides comprehensive coverage with extra benefits in excess of your legal obligations, offering well-rounded protection for both you and your domestic helper.
3. What kind of protection does a comprehensive domestic helper insurance offer?
It offers the following coverage:
- Out-patient clinical expenses
- Surgical and hospitalization fees
- Emergency dental treatment
Some domestic helper insurance plans may also offer fidelity protection for you, against financial loss due to fraud or dishonest acts committed by your helper.
4. Is a domestic helper entitled to paid sick leaves?
Yes. You are obliged to give your domestic helper paid sick leaves, under the condition that he/she presents an appropriate sick leave certificate. According to The Employment Ordinance, Cap. 57, a domestic helper is entitled to 2 paid sick leave days every month for the first 12 months of employment, and 4 paid sick leave days every month thereafter. Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time.
5. Is a domestic helper entitled to access public healthcare in Hong Kong during employment?
Yes. A domestic helper can use public medical services and utilize the services at the same cost as local residents if he/she is an eligible person (HK$180 per attendance for accident & emergency service; HK$120 per day for general inpatient care). However, these services are way more expensive for a non-eligible person (HK$1,230 per attendance for accident & emergency service; HK$5,100 per day for general in-patient care). Thus, buying a more extensive domestic helper insurance is important as it can help cover medical expenses.
6. Do I have to pay for my domestic helper’s optical expenses (such as eye examinations and prescription glasses)?
No. Your domestic helper is responsible to pay for his/her own optical expenses. However, as a caring employer, you can recommend a suitable optical shop for him/her.
7. What to do if my domestic helper gets pregnant?
Under Hong Kong Law, a domestic helper is entitled to pregnancy rights. Therefore, you cannot dismiss your domestic helper because of her pregnancy, except in cases of serious misconduct. A pregnant domestic helper is eligible for 14 weeks of paid maternity leave if she has been employed for at least 40 weeks before the beginning of the maternity leave period, otherwise, unpaid maternity leaves should be granted. The daily rate of maternity leave pay is a sum equivalent to four-fifths of the normal wages during the maternity leave period.
Normally, a domestic helper insurance plan does not cover any maternity fees. Moreover, you are not responsible to pay for the relevant expenses such as antenatal checkup, doctor's fee and baby products.
8. Do I have to bear the medical expenses incurred outside Hong Kong by the helper?
No. You are not responsible to provide free medical treatment during the time your domestic helper leaves Hong Kong for personal reasons.
HoldCover offers a wide range of domestic helper insurance plans to cover you and your domestic helper against medical expenses, choose the one that suits you best!
Click here to get quick domestic helper insurance quotes for free!
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