Hong Kong Increases Maternity Leave & Pay

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Changes

1.

Period of statutory maternity leave

A female employee employed under a continuous contract is entitled to a continuous period of 10 weeks of statutory maternity leave.

The employee may also take a further period of leave of not more than 4 weeks on illness or disability arising out of the pregnancy or confinement.

The statutory maternity leave period is extended to 14 weeks.

The employee still has the option to take a further period of leave of not more than 4 weeks on illness or disability arising out of the pregnancy or confinement.

2.

Maternity leave pay

If the employee has been employed under a continuous contract for not less than 40 weeks immediately before her maternity leave commences, she is entitled to maternity leave pay equal to four-fifths of her average daily wages.

The current statutory rate of maternity leave pay is maintained for calculating the maternity leave pay in respect of the additional 4 weeks’ maternity leave, subject to a cap of $80,000 per employee. Note also an employer is not prohibited from paying an amount higher than the cap under the contract of employment.

The Government would fund the additional pay and employers who have paid out the additional maternity leave pay to employees may seek reimbursement from the Government by way of an administrative scheme, subject to the cap of $80,000 per employee.

3.

Definition of ‘miscarriage’

‘Miscarriage’ is defined in the Ordinance as ‘the expulsion of the products of conception which are incapable of survival after being born before 28 weeks of pregnancy’.

The period of pregnancy is shortened to 24 weeks in the amended definition of ‘miscarriage’.

4.

Pre-natal medical examination

A female employee who is absent from work for the purpose of attending a medical examination in relation to her pregnancy would be entitled to sickness allowance if she is able to produce a medical certificate issued by a registered medical practitioner or registered Chinese medicine practitioner.

A female employee is entitled to sickness allowance if she is able to produce a certificate of attendance issued by a professionally trained person, i.e., a registered medical practitioner registered Chinese medicine practitioner, but also a registered midwife or registered nurse as proof.

5.

Paternity leave

An eligible male employee is entitled to take paternity leave of 5 days during the period beginning 4 weeks before the expected date of the delivery of his child and ending 10 weeks from the actual date of the delivery.

The period in which an eligible male employee may choose to take paternity leave begins 4 weeks before the expected date of the delivery of his child and ends 14 weeks from the actual date of the delivery of his child.