1. What is Home-leave?
According to the requirements of the Immigration Department, in each employment contract, unless an extension of stay in Hong Kong is approved, the domestic helper must return to the place of origin for at least 7 days, and the employer shall bear the cost of the leave. Home-leave is not equivalent to annual leave. Annual leave is a paid holiday enjoyed by employees under the Employment Ordinance while Home-leave is an additional benefit required by the Hong Kong Immigration Department.
2. When is Home-leave required?
For foreign domestic helpers applying for visas in Hong Kong, whether it is contract renewal, completion of contract, special circumstances (such as immigration, death of employer, financial reasons), termination/special handling of contract foreign domestic helpers, or changing employers, need to return to the place of origin between the old contract and the new contract to prevent long-term stay in Hong Kong.
3. Is there an option for Home-leave?
Home-leave is mandatory, but the Immigration Department will allow employers/foreign domestic helpers two options:
(a) Immediate use of home leave
The Immigration Department will issue a new temporary visa, and the domestic helper must leave Hong Kong within 7 days. FDHs will automatically be issued a full two-year visa upon their return to Hong Kong.
(b) Postponed home leave.
If the employer and the domestic helper choose to postpone their home leave, the Immigration Department will first issue a one-year visa to ensure that the foreign helper leaves Hong Kong within one year. After the home-leave ends, the domestic helper will automatically be granted the remaining visa.
4. What is the expense arrangement for Home-leave ?
Home-leave shall be paid or unpaid at the time of signing the contract. When renewing the contract, it needs to be noted in clause 13 of the contract.
The employer is responsible for round-trip airfare in each employment contract. When an employer employs a new foreign domestic helper who needs to apply for a visa in Hong Kong and needs to meet the home leave requirements, his former employer will be responsible for the air ticket to return to the place of origin, while the new employer will be responsible for the air ticket to Hong Kong and, at the end of the contract, be responsible for paying Her return ticket to her place of origin. FDHs should not receive cash in lieu of air tickets for home leave.
5. What if the domestic helper fails to take home leave before the two-year contract expires?
If the domestic helper does not take home leave before the end of the current contract, the foreign domestic helper should enjoy the relevant rights of the untaken home leave, including:
- Air ticket from Hong Kong to the domestic helper’s place of origin and any local transportation expenses, as well as food and transportation allowances (HK$100 per day)
- Air ticket from the foreign domestic helper’s place of origin to Hong Kong and any local transportation expenses, as well as food and transportation allowance (HK$100 per day)
- If this home leave is paid home leave as described in clause 13, pay for home leave (7 days)
6. What if the contract is terminated before the foreign helper completes the home leave ?
In addition to normal termination rights, employers still need to address related items arising from home leave, including:
- Air ticket from Hong Kong to the domestic helper’s place of origin and any local transportation expenses, as well as food and transportation allowances (HK$100 per day)
- Air ticket from the foreign domestic helper’s place of origin to Hong Kong and any local transportation expenses, as well as food and transportation allowance (HK$100 per day)
- If this home leave is paid home leave as described in clause 13, pay for home leave (7 days)
- Air ticket from Hong Kong to the domestic helper’s place of origin and any local transportation expenses (used to send the foreign helper back to the place of origin when the contract expires) and food and transportation allowance (HK$100 per day)
- Other regular items
7. What should the domestic helper pay attention to when deciding to meet the requirements for home leave?
Whether the domestic helper is to meet the home leave requirement or because of a family emergency, the following situations need to be considered and discussed:
Duration
How long will the domestic helper be away? What could cause delays or delays?
Salary and Expenses
How to pay and arrange salary? What are the potential costs?
Keep in touch
The network connection may be unstable. How do the two sides keep in touch and how many times do they keep in touch?
8. Written Record of Home Leave
From July 2020, regardless of whether the domestic helper is on extended or immediate home leave, all employers applying for visa renewal, extension, first employment or replacement/additional employment must sign a letter of commitment, and ideally have a record of written agreement for home leave arrangements.