Statutory maternity leave to be extended to 14 weeks

On 9 July 2020 the Employment (Amendment) Bill 2019 was passed. The bill will introduce the following changes to the Employment Ordinance (Cap 57) which are expected to come into force by the end of 2020:

• Statutory maternity leave for female employees who are employed on a permanent contract will be increased from 10 weeks to 14 weeks.
• The additional four weeks' maternity leave pay will continue to be calculated at four-fifths of the employee's average daily wages, subject to a cap of HK$80,000 per employee in total for the four weeks. The government will reimburse employers the pay for the extended period.
• The period of pregnancy mentioned in the definition of 'miscarriage' will be shortened from 28 weeks to 24 weeks (which means that female employees who suffer a miscarriage at or after 24 weeks of pregnancy may be eligible for statutory maternity leave if other conditions are satisfied).
• A certificate of attendance will be accepted as proof for entitlement to sickness allowance for a day on which female employees attend a medical examination relating to their pregnancy (in contrast with the current position which requires a medical certificate).

For further information on this topic please contact Patricia Yeung at Howse Williams by telephone (+852 2803 3688) or email (patricia.yeung@howsewilliams.com). The Howse Williams website can be accessed at www.howsewilliams.com.