In Malaysia, the medical screening criteria for foreign workers including foreign domestic helpers (or maids) is designed to vet for long term chronic illnesses. For example, according to FOMEMA's website*, if a worker is found to have Tuberculosis, STD (Syphilis), Pregnancy, Malaria, HIV, Hepatitis B, Hepatitis C and Filariasis, either in the source country or on-arrival in Malaysia, their visa application will be discontinued immediately.
Apart from the diseases mentioned above, other diseases may also be flagged by the on-arrival medical examination, including elevated protein levels or elevated blood pressure, that may indicate potential long term health issues. There is a non-exhaustive list of appealable conditions. This means that the worker is given an opportunity to take medication or seek treatment to improve those markers before returning for another medical examination to obtain a fitness to work certificate.
What should an employer do if the worker is found to have a medical condition?
Solution 1: Seek advice from your employment agency
Since any medical condition concerning the worker will also impact her immigration status, it is important to seek guidance from your employment agency on the appropriate next steps. The employment agency will be able to point you in the right direction to obtain medical consultation for your worker.
Solution 2: Check if the medical condition qualifies under the agency's warranty policy
If the placement is still new, check if you still qualify for a replacement with the employment agency. Typically, if the placement is for less than 3 months or 90 days, the agency should still be able to provide you a replacement worker.
Solution 3: Terminate and repatriate the worker
If the medical condition becomes serious, and the worker is also deemed unfit to work by medical authorities in Malaysia, then it would be best to terminate and repatriate the worker. A worker that is deemed unfit to work will not be issued a work permit and will not be allowed to renew subsequent work permits when medical is required.
Conclusion
Generally, the risk of foreign domestic helpers (or maids) developing serious medical condition is very small due to Malaysia's stringent medical screening requirements. Most domestic helpers can only enter with a medical report that was taken in the last 3 months. On-arrival, workers must go through another full health screening with accredited medical centers before the work permit can be issued. While it is important to be aware of your options when this happens, it is not something to worry about too much as long as you hire with a reputable agency.
*The FOMEMA guidelines act as reference point only as Sarawak does not use FOMEMA for the supervision of foreign workers' medical examinations.
Our website and its contents are provided for general information purposes only and nothing on this website or in its contents is intended to provide professional advice. Please contact us at info@migratesafe.org or +6082-295175 for more information.
Commentaires