The maternity leave policies in Hong Kong can be very puzzling, not only for the employer but also for the employees. Knowing your rights and duties will make sure an easy way to apply for one below the law. Here is an in-intensity guide on eligibility, advantages, and payments of maternity leave.
What is Maternity Leave in Hong Kong?
It is the time a female employee is, by statute, allowed to take off for childbirth and postnatal recuperation. The period of statutory maternity leave is 14 weeks in Hong Kong. The coverage protects those rights beneath the safety of the Employment Ordinance (Cap. 57) for all eligible personnel.
Eligibility Criteria for Maternity Leave in Hong Kong
The worker must:
Continuous Employment: The employee had been constantly working below a contract for at the least 40 weeks before the predicted delivery date.
Notice: She shall tell her enterprise of her being pregnant and supposed maternity leave with pregnant certificate.
Proof of Pregnancy: A medical certificates showing confirmation of the pregnancy and stating the transport date.
Payment and Benefits
Payment Calculation
The eligible employees are entitled to maternity leave pay equivalent to four-fifths (80%) of their average daily wages calculated over the 12 months preceding the leave.
Paid Leave Duration
Employees receive 14 weeks of paid maternity leave. If she has served less than 40 weeks, then she might get an unpaid maternity leave.
Payment Responsibility
Employers need to take responsibility for the payment. However, one can claim reimbursement from the government when she can fulfill conditions.
Applying for Maternity Leave: A Step-by using-Step Guide
Here is an easy technique for applying for maternity go away:
Notify the Employer: As quickly as possible, however preferably previous to the tenth week of being pregnant.
Documents: Please attach medical certificates indicating your pregnancy and predicted date of shipping.
Leave Dates Confirmation: Specify dates of graduation and conclusion of maternity leave.
Employer Acknowledgment: Ensure your company recognizes and procedures your request according to the law.
Employers need to log off at the depart and keep all documentation updated to prevent disputes.
Rights and Protections for Pregnant Employees
Hong Kong legal guidelines protect pregnant personnel in the following approaches:
Protection Against Dismissal: An employer cannot brush aside a worker whilst on MaternityLeave.
Workplace Accommodations: Employers should provide a secure running environment conducive to pregnant employees.
Return to Work: There is a right to go back to the original activity or an equal position after MaternityLeave.
Frequently Asked Questions About Hong Kong Maternity Leave
- Can I Take Unpaid Maternity Leave?
Yes, you can and it is the company’s discretion to approve or not.
- What if My Employer Denies My Maternity Leave Rights?
You can motel a complaint against them to the Labour Department. You are legally protected.
Best Practices for Employers
Plan Ahead: Establish a clean maternity go away policy for compliance with the Employment Ordinance.
Support Workers: Provide flexibility and support for employees for the duration of their being pregnant and when they return to paintings.
Family-Friendly Policies: Provide a supportive ecosystem by way of growing circle of relatives-friendly guidelines.
Get Expert’s Assistance from FastLane HR
Do you have experiences or questions about maternity leave in Hong Kong? Share with us in the comments below! For more resources on employment benefits and labor laws, check out our other guides.
Fastlane HR offers professional HR solutions for businesses to manage maternity leave policies, remain compliant with labor laws, and build supportive workplaces. Get in touch with us to know more about our services!