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Maternity Leave Compliance Update (Effective on 11 Dec 2020)

Entitlement from 10 Weeks to 14 Weeks

The compliance addressing the maternity leave was updated and will come into effect on 11 December 2020. Several details were changed! The female employee's statutory 10 weeks' maternity leave will be extended to 14 weeks based on this amendment. Let's know more about the adjustment of the maternity leave and be prepared together with us!

Enhancing the Maternity Leave Benefit

The Key Changes Under the Amendment:

1. Extend to 14 weeks

Before the new legislation, employee whose actual date of confinement is before 11 December 2020 would have a 10 weeks' entitlement for maternity leave. If the actual date of confinement is or after 11 December 2020, the employee would entitled 14 weeks for maternity leave, even the notice of pregnancy is before 11 December 2020.

2. Daily Rate of Maternity Leave Pay Extend Accordingly

As the maternity leave is extended to 14 weeks, the daily rate of maternity leave pay at the rate of four-fifths of the employee's daily average wages would also be extended in the additional four weeks. The maternity leave pay for these four weeks of maternity leave is capped at HK$80,000 per employee. The government has committed to reimburse employers payment regarding to the extended period of maternity leave, yet the arrangements detail still have to be confirmed.

3. Certificate of Attendance as a Proof

Before the new law, a pregnant employee is entitled to claim sickness allowance for attending medical examination only upon presenting a medical certificate issued by a registered medical practitioner or a registered Chinese medical practitioner.

Under the new law, a pregnant employee will be able to claim sickness allowance with a certificate of attendance from a professionally trained person such as a registered medical practitioner, registered Chinese medical practitioner, registered mid-wife or registered nurse.

4. The Change in the Definition of "Miscarriage"

The period of pregnancy mentioned in "miscarriage" will be shorten from 28 weeks to 24 weeks. The female employee who suffers a miscarriage at or after 24 weeks of pregnancy would entitle to maternity leave, with other subjected conditions.

5. Paternity Leave 

A male employee is entitled to 5 days of paternity leave, remaining unchanged. Yet according to the extension of maternity leave, if the child is born on or after 11 December 2020, the period during which statutory paternity leave may be taken will be extended for four weeks with such period ending at 14 weeks from the actual confinement date.

Since the arrangement will be effective on 11 December 2020, BridgeBuilder is ready to adopt this amended compliance in our system and help our clients to carry out HR practice continuously with the latest ordinances. If you have any question about the compliance update on regard of our system update, do not hesitate to contact us via 3529 4347.

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