HK Rights - Unfair work conditions

N

NewMommie

New member
I am about 12 weeks pregnant and have just had a really eye opening experience at my job. Long story short, my bosses do not have children, are not women (maybe this is irrelevant but I don't think they know a thing about pregnancy) and seem to completely disregard the fact that I cannot work odd hours, long hours, etc. The final straw was them forcing me to work several all nighters in a row when I specifically scheduled a vacation and told them specifically my doctor advised me to sleep more as my weight gain was not great at the last scan.

I am having my 12 week scan soon, and hope my recent stresses have not affected the baby. But beyond the physical stresses, the entire experience has me incredibly depressed, anxious, nauseated, etcetc and I know this cannot be good for my baby. I desperately want my doctor to assign me bed rest (I just read a thread on how that is awful, but that is how desperate I am because I have tried talking to my employers but they do not get it and give me a terrible attitude as if I am just trying to get out of work, so I feel all I can do is present them a doctor's note), but I know I cannot just get a doctor to agree for me to get bed rest without a physical reason.

I know that this would be completely unacceptable in my home country, but have no idea what HK laws regarding pregnancy as a medical disability (and therefore fair treatment of disabled employees w/o no retribution such as firing, demotion, etc) are. Does anyone know what I can do, or what the laws on this are in HK?

I'm working today (Sunday) and my bosses return to the office tomorrow, so I am dreading seeing them and want to be able to know my rights. Thanks so much!
 
Hi,

As far as I am aware, a HK employer cannot fire you for any reason while you are pregnant (unless they can show gross negligence). So, I think it is fine to present a bed rest certificate and not worry about losing your job. The doctors in HK are pretty easy going about issuing medical notes.

Also, I believe that for HK pregnant employees, you can claim as much sick leave as you need due to pregnancy. I'm not even sure you need to have a doctors note. You should check with the labor department website. This sick leave does not count towards your 6 weeks off, or whatever time you are entitled to under HK law.

I am familiar with this because as a small business owner, one of our employees was pregnant last year and I definitely gave her a lot of flexible options (like work from home, only come in when you need to, etc). Luckily, for me, her pregnancy was a very smooth and easy one, and she didn't end up taking very much sick leave.

Hope that helps.
 
Oops...actually, what I just said only applies if you have been working at the company for a specific period before becoming pregnant (like a year?) and have a continuous contract. You should definitely check with the labor department to be certain.
 
Thanks; that's very helpful. So it is OK for me to ask my doctor for a note indicating I need some bed rest (I feel like I could use it for at least a few weeks to normalize, then I would like a 'fair' working schedule). I feel weird asking a doctor to give me something. My doctor is one of the expat docs that works at Matilda; I am very aware the HK local doctors seem to always give prescriptions without any questions, but I figured expat doctors would be more strict...
 
there is nothing to be feeling bad about.

you are NOT in your normal state of health. you ARE carrying another soon-to-be human inside of you. YOU MUST take it easier. explaining the situation to your doctor is the first step. tell her how unreasonable your bosses are and ask for "advice"...maybe ask about "bedrest" for your condition... would it be out of line? i don't think so in the least.
 
All doctors will see physical and emotional stress as dangerous for your health and that of the baby. My OB (expat, works at Matilda also) focused a lot on my working conditions throughout my pregnancy and signed me off whenever necessary (and my situation was a lot less intense than yours).
 
Hi newmommie, I agree with the other posters that there is nothing wrong with going to your doctor to explain your situation- they'd probably ask why you haven't been to see them sooner! By way of a comparison, I work in a very demanding line of work myself, but during my pregnancies, my bosses (all men) have been pretty understanding and have been more flexible in their arrangements to me (within reason of course, not to be unfair to other employees). I think cancelling vacations and several all nighters in a row is definitely unfair, whatever the reason.

I have a friend who had the same experience during her first pregnancy but then managed to rest a lot during her second pregnancy. Her second pregnancy turned out to be easier on her than her first, and her second baby was a good deal larger than the first. It may be coincidence, but she swears that the additional rest made a whole lot of difference.

Your health is more important than working hard for bosses that don't really care about you as a person. Just my personal view having seen lots of the same thing around me.
 
There are restrictions (I think 4 weeks) for sick leave during pregnancy but the 4 consecutive days rule doesn't apply and I guess like normal sick leave, a doctor's note is required.

There is also protection about work conditions for pregnant employees.

A word of warning tho, employers can ask for an independent doctor to assess your condition and if you requested bed rest doctors note when you didn't medically need it then this could be constituted as "gross misconduct" which is the ONLY reason they can fire you when pregnant.

good luck, hope things go well.
 
I found this at http://www.tannerdewitt.com/media/publications/working-mothers.php:

Maternity Rights

Under Hong Kong Law a pregnant woman is entitled to maternity benefits from her employer, provided she is employed under a “continuous contract”. That requires employment of over 18 hours per week. The maternity benefits include:

1. Maternity leave of:
* 10 weeks leave;
* An additional time equivalent to the period between the expected date of birth and the actual date of birth; and
* Up to 4 weeks additional leave in the event of illness or disability related to the birth or pregnancy. This is in addition to the entitlement to sick leave.
The 10 weeks leave would start 4 weeks before the expected date of birth, unless the employer and employee can agree a date, which would usually be between 4 and 2 weeks before the birth. If the baby is born early, and prior to the agreed commencement date, the 10 week maternity period will start on the date of the birth.

The pregnant employee will need to have given notice of her pregnancy and intention to take maternity leave to the employer.
2. If the woman has been employed for over 40 weeks and has given the employer a certificate of pregnancy and of the expected due date, she is also entitled to maternity pay. This is payable for the 10 week period. The pay is at a rate of 4/5ths of the employee’s usual wage.
3. A valuable protection is the prohibition on termination of employment. Unless the employee is summarily dismissed for gross misconduct, the employer is barred from terminating the employment of an employee who has given notice of her pregnancy.

Under Hong Kong law it does not matter whether the reason for the dismissal is linked to the pregnancy or not. The prohibition is absolute. Indeed, even if the employer is unaware of the pregnancy and gives notice, the employer must withdraw the notice if the employee gives immediate notice of the pregnancy.

If the employer terminates the employment in breach of this law, then they must pay the employee all of her wages and maternity pay up to the date on which the maternity leave would have ended. In addition the employer commits a criminal offence and is liable for the following additional sums:
* An additional month’s wages; and
* For employees with over 2 years of service, they may also be entitled to additional benefits of up to $150,000.
4. A pregnant employee who has given a medical certificate cannot be assigned to perform hazardous and strenuous work which may cause a risk to the pregnancy. If her job involves that type of work, then the employer must change the employee’s duties within 14 days of the certificate being presented.

Pregnant women who wish to utilise these rights need to make sure that the proper notices are served and also that their employers are aware of these rights. It is possible for employers to agree more generous maternity rights and even include these in the employment contract. Indeed many employers, especially international firms, have consistent maternity benefits irrespective of the location and the local law, with many employers offering maternity leave of 6 months or more. However, in the absence of agreement the only entitlement is to the benefits and rights set out previously.
 
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