If your domestic helper becomes pregnant in Hong Kong, she is entitled to 14 weeks of paid maternity leave under the Employment Ordinance. You cannot terminate her contract on the grounds of pregnancy — doing so is a criminal offence. Maternity leave pay is 80% of her average wages, payable for 14 weeks.
14 weeks
Paid Maternity Leave
80%
Of Average Daily Wages Paid
HK$150,000
Max Fine for Illegal Termination
Your Legal Obligations When a Helper Becomes Pregnant
Under the Employment Ordinance (Cap. 57), every female employee in Hong Kong — including foreign domestic helpers — has specific rights during pregnancy. As an employer, you have legally enforceable obligations from the moment you know about the pregnancy.
- You cannot dismiss a helper solely or partly because of her pregnancy
- You cannot give notice of termination during maternity leave
- You must pay 14 weeks of maternity leave pay if she has completed 40 weeks of continuous service
- If she has completed fewer than 40 weeks, maternity leave is still granted but may be unpaid
- You must continue to provide accommodation throughout the contract, including during maternity leave
Maternity Leave Entitlement for Domestic Helpers
The Employment (Amendment) Ordinance 2020 extended statutory maternity leave from 10 to 14 weeks for all employees in Hong Kong, effective from 11 December 2020. This applies to domestic helpers.
How Many Weeks of Maternity Leave?
- 14 weeks total statutory maternity leave
- Can start as early as 4 weeks before the expected date of confinement (EDC)
- If the helper provides a medical certificate, she can start earlier if advised by a doctor
- Maternity leave runs continuously — it cannot be spread over a longer period
How Much Does the Employer Pay During Maternity Leave?
If the helper has completed 40 continuous weeks of service, maternity leave pay is 80% of her average daily wages, calculated over the 12 months immediately before the maternity leave begins. The food allowance is also payable during maternity leave.
Example: If your helper's salary is HK$5,300/month and food allowance is HK$1,236/month, her average daily wage is approximately HK$211/day. 80% = HK$169/day × 98 days (14 weeks) ≈ HK$16,562 total maternity leave pay.
Can You Terminate a Helper Who Is Pregnant?
Terminating a domestic helper because she is pregnant is illegal in Hong Kong. The Employment Ordinance (Cap. 57, Section 15) specifically prohibits termination during pregnancy or maternity leave without reasonable cause unrelated to the pregnancy.
⚠️ Criminal Offence: Dismissing a helper because of pregnancy carries fines of up to HK$150,000 and up to 3 years' imprisonment under the Sex Discrimination Ordinance and Employment Ordinance. Do not terminate on pregnancy-related grounds under any circumstances.
What Counts as Pregnancy-Related Termination?
- Giving notice of dismissal after you learn of the pregnancy
- Using 'performance issues' as a pretext immediately after learning of the pregnancy
- Refusing to renew a contract specifically because the helper is pregnant
- Pressuring a helper to resign because she is pregnant
When Can You Legitimately Terminate During Pregnancy?
You can lawfully terminate a contract during pregnancy only if: (a) the termination is for a valid reason genuinely unrelated to the pregnancy (e.g. serious misconduct, wilful disobedience), AND (b) you can clearly demonstrate the reason is unconnected to the pregnancy. Any ambiguity will be interpreted against the employer. Seek legal advice before terminating any pregnant helper.
Contract Implications: What Happens to the Visa?
A domestic helper's visa is tied to her employment contract. Pregnancy itself does not affect visa status — the helper retains her visa for the duration of her employment contract. If the contract ends during or after pregnancy (naturally by expiry or lawful termination), standard visa end-of-contract rules apply: the helper must leave Hong Kong within 2 weeks or sign a new contract.
Accommodation Obligations During Maternity Leave
The Standard Employment Contract (ID407) requires that you provide the helper with suitable accommodation throughout the contract. This obligation continues during maternity leave — you cannot ask the helper to vacate during her leave period. If the helper requires medical hospitalisation, accommodation obligations are paused during the hospitalisation period only.
What About If the Helper Hides the Pregnancy?
A helper is not legally required to disclose her pregnancy to her employer. Non-disclosure of pregnancy before hiring does not constitute misrepresentation under Hong Kong law. Even if a helper did not mention a pregnancy before joining, once employed she retains all statutory protections. Your obligations as employer do not change based on when you find out.
Practical Tips for Employers
- If you learn of a pregnancy, document everything in writing — duties, adjustments to workload, dates
- Consult the Labour Department or a legal adviser before taking any employment action
- Make sure your domestic helper insurance covers pregnancy complications — standard EC policies do not
- Arrange additional household support (cleaning service, part-time helper) during the leave period rather than pressuring the helper to return early
- Review the contract renewal clause — if the contract expires during maternity leave, the helper must still be given the remaining leave and it cannot be contractually waived
Frequently Asked Questions: Helper Pregnancy in Hong Kong
Do I need to pay maternity leave if the helper has been with me less than a year?
Paid maternity leave requires 40 weeks (about 10 months) of continuous service. If the helper has served fewer than 40 continuous weeks, she is still entitled to 14 weeks off — but you are not required to pay during that leave. The 14 weeks of leave is a statutory right regardless of service length.
Can I ask the helper to use annual leave during her maternity leave?
No. Maternity leave and annual leave are separate entitlements. You cannot require a helper to use annual leave to cover part of her maternity leave. The 14-week maternity entitlement must be given in addition to any annual leave due.
What if the helper's baby is born prematurely or after the expected date?
The 14-week entitlement is calculated from the actual date of confinement, not the expected date. If the birth is premature, maternity leave starts earlier. If delayed, it starts from the actual birth date. A medical certificate from the attending doctor confirms the date of confinement.
Is the employer responsible for antenatal medical costs?
Under the Standard Employment Contract, employers must bear all medical and hospital charges for illness or accidents during the contract period. This includes antenatal check-ups related to a normal pregnancy. Antenatal costs are generally the employer's responsibility unless comprehensive maid insurance covers them.
Can I hire a temporary helper to cover maternity leave?
Yes. You can hire a separate domestic helper on a fixed-term temporary contract during your regular helper's maternity leave. The temporary helper must have their own separate Standard Employment Contract (ID407) and visa. The temporary hire does not affect the original helper's contract or maternity entitlements.
Need to find a verified helper with transparent employment records? SeekHelpers (EA 79040) — AI matching, full legal compliance support, licensed agency.
Find Your Perfect Helper on SeekHelpers
Browse 5,000+ verified profiles. Post a job in 60 seconds. AI-matched to your needs — zero agency fee, ever.