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Legal news, views and insight from LexisNexis Hong Kong
20 January 2020 | by LexisNexis Hong Kong
The Hong Kong Government published the Employment (Amendment) Bill 2019 in the Gazette on 27 December 2019.
While other arrangements concerning maternity protection under the Employment Ordinance would continue to operate as they currently do, the main proposed amendments to the Employment Ordinance would apply as follows:
- the statutory maternity leave is increased from 10 weeks to 14 weeks;
- the extra four weeks of maternity leave pay is calculated as 80% of the employee’s average daily wages, subject to a cap of HKD 36,822 per employee. This proposed amendment of the statutory maternity leave pay for the extra four weeks would be funded by the Government on a reimbursement basis by way of an administrative scheme;
- the definition of “miscarriage” is updated from “before 28 weeks of pregnancy” to “before 24 weeks of pregnancy.” That means a female employee whose child is incapable of survival after being born at or after 24 weeks of pregnancy would be entitled for maternity leave; and
- employees who have attended medical examination relating to pregnancy are entitled to sickness allowance if they can produce a certificate of attendance.
The Bill will be introduced into the Legislative Council on 8 January 2020.
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