What is the maternity leave entitlement in Hong Kong

Maternity Leave Entitlement in Hong Kong

Statutory maternity leave in Hong Kong is 14 consecutive weeks. Female employees are entitled to this leave under the Employment Ordinance (Cap. 57) if they meet its eligibility criteria. The employee must have been employed under a continuous contract for not less than 40 weeks immediately before the expected confinement period begins.

Hong Kong Maternity Leave Pay

Maternity leave pay is four-fifths (80%) of an employee’s average daily wages. Calculate this by dividing the total wages payable in the 12-month wage period by the number of days worked in that period. If the employment is shorter than 12 months, use the period of employment. Pay is due for each day of the 14-week entitlement, covering rest days and statutory holidays that fall within the leave.

Employers must pay this in the normal manner at the normal pay period. Payment is not required until the employee gives the required notice of pregnancy and produces a certificate of pregnancy.

How Much Maternity Leave Hong Kong

The statutory entitlement is 14 weeks of maternity leave. This is an increase from the previous 10-week entitlement, extended by amendments to the Employment Ordinance. The 14 weeks are consecutive, forming a single continuous period unless the employee returns to work early with medical certification.

An employee may start her leave at any time within the four weeks immediately before the expected confinement date. If the actual confinement date is after the expected date, she is entitled to additional leave. This extra period is up to four weeks, or the time between the expected and actual date, whichever is shorter. It is also paid at four-fifths of average daily wages.

Maternity Leave Eligibility Hong Kong

Eligibility requires satisfying the continuous contract rule under the Employment Ordinance. The employee must have been employed by the same employer for at least 40 weeks immediately before the expected confinement period begins. These 40 weeks are not required to be unbroken service, but the employment must qualify as a continuous contract under the 4-18 rule: employed for four weeks or more and working at least 18 hours each week.

The employee must also notify the employer of her pregnancy and her intention to take leave. This notice should be given as soon as practicable after the pregnancy is confirmed and must include a certificate of pregnancy signed by a registered medical practitioner or midwife stating the expected confinement date.

Employment Ordinance Maternity Leave

The Employment Ordinance (Cap. 57) provides the complete statutory framework for maternity leave. Part III governs maternity protection, covering leave entitlement, pay calculation, and the prohibition against dismissal.

An employer cannot terminate an employee while she is on maternity leave. A dismissal during this period is unlawful, making the employer liable for compensation, reinstatement, or re-engagement. Protection from dismissal begins when the employee gives notice of pregnancy and continues until the end of her maternity leave.

The employee must be allowed to return to work after her leave. An employer cannot alter the terms and conditions of employment, including position or remuneration, without the employee’s consent.

Notice Requirements and Claiming Maternity Leave

To claim maternity leave, an employee must follow the notice procedures in the Employment Ordinance. She must give the employer notice of her pregnancy and her intention to take leave, supported by a certificate of pregnancy. This notice should be given as soon as reasonably practicable after the pregnancy is confirmed.

If the employee fails to give the required notice, the employer may postpone payment of maternity leave pay until the notice is provided. The entitlement to the leave itself, however, is not affected.

An employee may start her leave earlier than the four weeks before the expected confinement date. This is only permitted with a medical certificate stating it is necessary for her health or the child’s health. Even in these cases, the leave counts towards the 14-week entitlement.

Protection Against Dismissal

The Employment Ordinance provides strong protection against dismissal during maternity leave. Dismissing an employee while she is on maternity leave is an offence and carries a fine. The employee may also claim reinstatement or re-engagement through the Labour Department.

This protection covers the period from when the employee gives notice of pregnancy until the end of her maternity leave. If an employee is dismissed during this time, the employer must prove the dismissal was unrelated to the pregnancy or the taking of maternity leave. The burden of proof rests on the employer.

Continuous Contract Rule

The continuous contract rule, or 4-18 rule, is the foundation of eligibility. An employee is on a continuous contract if she has been employed by the same employer for four weeks or more and works at least 18 hours each week. The 40-week continuous employment requirement for maternity leave is calculated from the date the employee began working under a continuous contract, not necessarily from her first date of employment if the contract was not continuous.

The Labour Department offers guidance on calculating continuous employment. Employees with irregular or part-time hours should verify they meet the 4-18 rule to confirm their eligibility.