Maternity Policies in Hong Kong

In Hong Kong, female employees who have become new mothers do not have to stress about their jobs. The law protects working mothers to ensure they do not face any discrimination.

Pregnancy Terms for Female Employees- Maternity Rights

Based on Hong Kong law, an employee who is pregnant can take advantage of maternity benefits as long as she is working under a “continuous contract.” This means that she must work for more than 18 hours a week and has to have been with the same employer for four consecutive weeks or more.

According to the pregnancy terms for female employees in Hong Kong, women are given 14 weeks off from work. They are also given extra time off if their due date passes the date of birth that was expected. In case of any disability or illness tied to the pregnancy or newborn, employees are eligible to receive 4 extra weeks off from work.

The employee can take a leave from work 4 weeks prior to when she is due to give birth unless she and her employer have previously agreed on a date. In case of premature birth, employees will be given 14 weeks of maternity leave that will begin once the child is born.

If a pregnant employee plans on taking maternity leave, she will have to inform her employer beforehand.

Maternity Leave Pay

As long as the employee has been working for more than 40 weeks and informed her employer of her due date, the employee is entitled to receive maternity pay. This amount applies to a 14-week period and is at a value of 4/5th of the average daily wage that the employee would receive. For each employee, maternity pay for an extra 4-week period is capped at HK $80,000.

Maternity pay cannot be extended in case of disability or late delivery related to pregnancy or birth. However, in these cases, the female worker may take sick leaves and is entitled to receive a sick leave allowance. According to the Hong Kong Employment (Amendment) Ordinance 2020, the employee must hand in an attendance certification written by a registered medical professional to receive a paid sick leave from work.

Moreover, according to Hong Kong law, the employer cannot fire an employee after she has handed in a notice of her pregnancy. In fact, it does not make a difference whether the reason for dismissal is related to the pregnancy. Even if an employer lets his employee go, they must withdraw their notice if the worker hands in proof of pregnancy.

In case the boss still chooses to terminate the employment, they have to pay the maternity pay and wages up to the date where the maternity leave came to an end. Moreover, the employer will have committed a crime and will have to pay the following:

  • An extra month’s pay
  • If the employee has been working with the employer for more than 2 years, they can even receive extra benefits of HK $150,000.

To find out more about the pregnancy terms for female employees in Hong Kong, visit us at www.globalpeoplestrategist.com.

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