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Pregnant moms get 14 weeks’ paid maternity leave from Dec 11

04 December 2020

 By The SUN 

Pregnant women who have worked for the employer for at least 40 weeks get the new benefit 

A pregnant worker, including a foreign domestic helper, who has served at least 40 weeks of her work contrac,t will be entitled to an additional four days of maternity leave, on top of the 10 already provided under the Employment Ordinance.

The new law takes effect on Dec 11.

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This was announced today by the Labour Department, which said that the full 14 weeks’ leave could be taken by the worker if so entitled under the Ordinance.    

The current statutory rate of maternity leave pay, equivalent to four-fifths of the worker’s average daily wage, will be maintained for calculating the additional maternity leave pay, subject to a cap of $80,000 per employee.

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The Employment (Amendment) Ordinance also covers two technical amendments that include updating the definition of miscarriage under the EO from “before 28 weeks of pregnancy” to “before 24 weeks of pregnancy”.

The change entitles the worker to maternity leave if her child is incapable of survival after being born at or after 24 weeks of pregnancy on or after Dec 11, if other conditions are met.

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The amended law will also entitle an eligible worker to sickness allowance for the day she goes for medical examination relating to her pregnancy if she is able to present as documentary proof a certificate of her attendance at the clinic.

All employees whose expected date of confinement occurs on or after Dec 11 are entitled to the additional paid maternity leave. If it is before this date, the employee and her employer should discuss the actual confinement date to determine if the worker is entitled to the extra days of paid leave.

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The spokesman added employers may apply to the government for full reimbursement of the additional four weeks’ maternity leave pay to the worker under the Amendment Ordinance.

For details, please refer to information on the Reimbursement of Maternity Leave Pay Scheme (www.labour.gov.hk/eng/public/RMLPS_FS.htm) published by the LD.

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For further information, please visit the LD's website at www.labour.gov.hk or call 2717 1771 (the hotline is provided by 1823).

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