Lexis Insights

Legal News, Views, and Insights 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.

For more information on employment law, please see:

Halsbury’s Laws of Hong Kong – Second Edition: Employment

The Annotated Ordinances of Hong Kong: Employment Ordinance (Cap 57); Employees’ Compensation Ordinance (Cap 282)

Hong Kong Employment Law Manual

Hong Kong Employment Ordinance: An Annotated Guide

Lexis Advance^® Hong Kong Practical Guidance: Hong Kong Employment

For enquiries about the above publications, please contact your Account Manager via marketing.hk@lexisnexis.com

The Lexis Insights articles are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to specific circumstances. If you require any legal advice or other expert assistance, please consult a competent professional adviser.