Pregnancy Rights of your Helper in Hong Kong

Pregnancy can raise practical and emotional questions for everyone involved — the helper, the family, and sometimes the wider household support network. In Hong Kong, the law provides clear protections and entitlements for pregnant employees, including foreign domestic helpers. Understanding these rules helps ensure fair treatment, legal compliance, and a respectful working relationship during an important life stage. This guide explains what the rules look like in 2026.

Let’s start with the first question:

Can a domestic helper be pregnant while working in Hong Kong?

Yes. Pregnancy is not a breach of contract, and it is not a lawful reason to dismiss someone. Pregnancy-related discrimination is also unlawful under Hong Kong’s anti-discrimination framework.

What maternity leave is a domestic helper entitled to?

A domestic helper is entitled to 14 weeks of maternity leave under Hong Kong law. Whether this leave is paid or unpaid depends on how long she has worked under a continuous contract.

Paid maternity leave applies if:

• She has been employed for at least 40 weeks immediately before starting maternity leave

• She has informed the employer of her pregnancy and provided a evidence of the pregnancy such us a medical certificate.

• She provides a medical certificate stating the expected delivery date, if requested

If these conditions are met, maternity leave pay must be no less than 80% of her normal wages.
If the 40-week requirement is not met, the helper is still entitled to maternity leave, but it may be unpaid.

Can an employer dismiss a helper because she is pregnant?

No. Dismissing a helper because she is pregnant is unlawful.

Once a helper confirms her pregnancy with a medical certificate, the employer cannot dismiss her from that point until she returns to work after maternity leave. Doing so may result in criminal liability, including a fine of up to HK$100,000.

In addition, the employer is also obliged to pay the helper:

• Wages in lieu of notice

• One month’s salary as compensation

• Any maternity leave pay the helper should have received

Pregnancy discrimination

That said, even if you fire your helper shortly after she has returned to work, you might still have broken the law. If it is believed that your helper is fired because of her pregnancy, you will be held responsible for pregnancy discrimination. Note that even when she is no longer pregnant (she has given birth or has an abortion), she can still be discriminated because of her pregnancy.

If a helper believes she has been dismissed because of her pregnancy, she may file a complaint with the Equal Opportunities Commission (EOC). The EOC will assess whether pregnancy discrimination has taken place and whether an investigation should proceed.

Importantly, a helper cannot be dismissed because:

• She became pregnant outside marriage

• She chose to have an abortion

• Her pregnancy conflicts with the employer’s personal or moral views

Personal ethics cannot be used as legal grounds for dismissal.

Is it acceptable to ask a helper to get a contraceptive injection?

It is a common practice in Hong Kong for employers to ask their helpers to get a contraceptive injection before their helpers leave for annual leave. It should be noted that getting a contraceptive injection itself is not illegal, but we highly discourage employers from doing that. Imagine yourself being a normal female employee. What would you think if your employer asks you to take a contraceptive injection, simply because you do not live with your employer and your employer is worried that you are going to get pregnant? It sounds outrageous. You cannot infringe upon anyone’s reproductive right, and your helper does not need to disclose her reproductive plan to you. Therefore, although contraceptive injections can only be taken voluntarily, the fact that you as an employer ask her to do it imposes a pressure on her to make the decision. She might be worried that she will be terminated and that her annual leave will be delayed if she disagrees to take the injection.

The only time contraception should be discussed medically is when:

• Your helper raises the topic herself

• She voluntarily seeks medical advice

What can you do if your helper is pregnant?

First, don’t panic. Pregnancy does not mean the employment relationship must end.

Practical steps include:

• Confirming maternity leave entitlement and timing

• Planning household support during the leave period, such as temporary or part-time help

• Understanding that medical care in public hospitals is affordable, especially since helpers are covered by medical insurance

It’s also important to talk openly with the helper about her plans. She may:

• Choose to give birth in Hong Kong

• Return to her home country to deliver

• Decide on other medical options

If she plans to raise the child in Hong Kong, practical matters may need discussion, such as housing arrangements and the child’s legal status. These conversations should be respectful and based on facts, not assumptions.

Having a conversation with your helper about pregnancy

Instead of forcing your helper to get a contraceptive injection, what you can do instead is having a candid (which might be embarrassing at times) conversation with your helper about pregnancy. You can ask her about her marital status, reproductive plans, use of contraceptives etc. But remember, don’t force her to talk about it if she is not willing. Coming from the Philippines and Indonesia, it might be hard for them to get contraceptives, and they might not have proper sex education.

In the Philippines, it is only recently that condoms can be bought at convenience stores, and contraceptive pills cannot be sold without prescription. In Indonesia, unmarried couples using condoms are shamed, and condoms are not readily available. Therefore, you should understand that they might not know and are not able to have protected sex. As an employer, you can provide her with condoms, instead of asking her to get contraceptive injection.

Therefore, your helper’s view on pregnancy might differ from yours because she comes from a different culture. Be sure to accommodate the differences, especially for the elderly in your family who may have an even harder time to understand these difference.