Am I responsible for my domestic helper's medical expenses outside of work injuries?
Quick Answer
Yes. Under Clause 9 of the Standard Employment Contract, you must provide free medical treatment to your helper for the entire duration of employment — including non-work-related illness. This goes beyond what Employees' Compensation Insurance covers, so budget for out-of-pocket medical costs. The most common solution is to buy comprehensive insurance that includes both medical and the mandatory Employees' Compensation Insurance.
Overview
This is one of the most commonly misunderstood employer obligations. Many people assume that the mandatory insurance covers everything. It doesn't. Your contractual obligation to provide medical care is significantly broader than your insurance coverage.
What the Contract Says
Clause 9 of the Standard Employment Contract (ID407) states that the employer shall provide the helper with free medical treatment during the period of employment. This means:
- All illness — not just work-related
- Doctor visits — GP consultations, follow-ups
- Prescribed medication
- Hospitalisation if required
- Specialist referrals when medically necessary
What Insurance Covers vs What You Pay
| Employees' Comp Insurance | Your Pocket | |
|---|---|---|
| Work injuries | ✓ | — |
| Non-work illness (flu, infection) | ✗ | ✓ |
| Dental (emergency) | ✗ | ✓ |
| Dental (routine) | ✗ | Grey area |
| Pregnancy-related | ✗ (maternity is separate) | ✓ |
| Pre-existing conditions | ✗ | ✓ |
Practical Approach
- Public hospitals: HK$50–100 per visit at government clinics — the most cost-effective option
- Private clinics: HK$300–800 per visit — faster but more expensive
- Additional medical insurance: HK$1,500–5,000/year — covers most outpatient and inpatient costs
Common Situations
- Flu or fever: Take her to a doctor and pay for the consultation and medication
- Dental pain: Emergency dental is your responsibility; routine cleaning is a grey area
- Chronic conditions: If she develops a condition during employment, treatment costs are yours
- Elective procedures: Cosmetic or elective treatments are generally not covered
Important Notes
- This obligation exists regardless of whether the helper has been employed for one month or two years
- Refusing medical treatment when the helper is ill is a breach of contract
- Many employers find that buying additional medical insurance is cheaper than paying out-of-pocket over two years
- Keep receipts for all medical expenses — useful for tax records and any disputes
Sources
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