- Yes, it is legal for MDW to get pregnant while working in Hong Kong
- Employer does not have the right to terminate a MDW because of her pregnancy
- Pregnant MDWs should obtain a pregnancy certificate from a registered doctor and give a notification to their employer
- learn more about maternity rights and duties or generate a ‘Notice of Pregnancy’ at PREGNANT@WORK
The right to decide to be pregnant and give birth to a child is a fundamental human right that cannot be restricted. It is LEGAL for all female workers, including MDWs, to be pregnant while working in Hong Kong regardless of their professions or marital status.
There is clear protection of women’s labor rights in Hong Kong’s labor legislation, including the labor rights of MDWs who become pregnant in the course of their employment. Employers or agencies do NOT have the right to stop any employee from becoming pregnant. With that being said, if an employer or agency requires a MDW to sign an agreement to promise that she would not get pregnant during the contract, this agreement is not legally binding even if the MDW has signed it. Similarly, employers or agencies do not have the right to force you to take a pregnancy test or contraception.
Employers cannot discriminate against and/or terminate an employee because of her pregnancy. Pregnant MDWs should obtain a pregnancy certificate from a registered doctor and give a notification to their employer (e.g. take a picture of the pregnancy certificate and “Notice of Pregnancy” and send them to the employer through Whatsapp). Generally speaking, MDWs are entitled to 14 consecutive weeks of maternity provided that they have given notice of pregnancy to their employer. However, some MDWs might not be aware of their maternity rights when they inform their employer of the pregnancy or the employer terminates them before they serve their notice of pregnancy. Such cases are more complicated, but if certain action is carried out timely following the relevant ordinance, the MDWs can still avail their maternity entitlements. For more details, please refer to Chapter 6: Maternity Protection on Labour Department Website or consult PathFinders
However, having a child is not just a legal matter. Careful family planning involving physical, emotional, social, financial preparation are necessary for the best interests of both the mother and the baby. Due to the special working arrangements of MDWs, they should consider carefully when dealing with pregnancy. It is not only work-related, but also closely related to their own physical health and emotions. Before pregnancy, mothers need to be psychologically prepared to accept the changes that may occur in their future lives after having a child such as the changes of their body as well as increase in family responsibilities and obligations. Giving birth is very important and serious for women, it is not a simple or trivial matter. Considering pregnancy after weighing one’s body and mind is a wise choice.
If you want to learn more about your statutory maternity rights and duties or to personalize and download a ‘Notice of Pregnancy’, please use the interactive tool PREGNANT@WORK at https://www.pregnantatworkhk.org/
PathFinders is a charity that helps migrant domestic workers who have become pregnant, given birth to children in Hong Kong, or have overstayed their visa.
All our services are FREE of charge.
Learn more about PathFinders:
https://staging.pathfinders.org.hk/en/
For General Inquiries:
Email us at info@pathfinders.org.hk, or contact us on our general hotline +852 5500 5486
Client hotline for pregnant migrant workers, or migrant domestic workers with children: +852 5190 4886. (Sun-Fri 10am-6pm Sat 10am-2pm)
Address: Unit 2D, Worldwide Centre, 123 Tung Chau Street Tai KoK Tsui, Kowloon