During pregnancy, it’s important to ensure the health and safety of you and your baby. If you’re a full-time worker, this involves taking some time off, especially in the weeks right before and after you give birth.
In Hong Kong, a female foreign domestic helper (FDH) is entitled to maternity leave, provided that she has given notice to her employer. She is also entitled to maternity leave pay. This article discusses the requirements or conditions to qualify for maternity leave, how long the leave will be, and how much would be given as maternity leave pay.
Requirements to Qualify for Maternity Leave
According to the Hong Kong Labour Department, a female FDH is eligible for a 14-week paid maternity leave if she:
- Has been employed under a continuous contract for not less than 40 weeks immediately before the start of her scheduled maternity leave;
- Has given notice of pregnancy and intention to take maternity leave to her employer after the pregnancy has been confirmed (e.g. by presenting a medical certificate); and
- Has produced a medical certificate indicating the expected date of confinement, if required by the employer.
NOTE: The expected date of confinement refers to the “due date” or date of delivery of the baby.
Scheduling a Maternity Leave
Under Hong Kong’s labour law, a pregnant employee, in agreement with her employer, may decide to start her maternity leave around two to four weeks before the expected date of confinement.
However, if the employee gives birth before the above scheduled leave, the maternity leave period starts on the date of confinement. In this case, the employee should give notice of her confinement and intention to take a 14-week maternity leave within seven days of her confinement.
Rate of Maternity Leave Pay
As for maternity leave pay, this is equal to four-fifths of the average daily wage earned by the employee in the 12-month period preceding the first day of maternity leave. This amount should be given on her usual pay day.
Offences and Penalties
Notably, Hong Kong’s labour law enforces hefty penalties on employers who fail to grant maternity leave or maternity leave pay, and those who dismiss pregnant employees without lawful reasons.
Not Granting Maternity Leave or Maternity Leave Pay
An employer who fails to grant maternity leave or maternity leave pay to an eligible pregnant employee is liable to prosecution, and may face a fine of HK$ 50,000 upon conviction.
Dismissal of a Pregnant Employee
The law states that an employer is prohibited from dismissing a pregnant employee from the date she is confirmed pregnant to the date on which she is due to return to work, under these conditions:
- The employee gas been employed under a continuous contract; and
- The employee has given notice of pregnancy to the employer.
If an employer dismisses an employee before knowing she is pregnant, the employee can immediately give notice of pregnancy. In this case, the employer must cancel the dismissal or the notice of dismissal.
However, the employer has the option to dismiss a pregnant employee under these circumstances:
- The employee has committed serious misconduct and has been summarily dismissed; or
- The employee is on probation, and has been dismissed for reasons other than pregnancy during the probation period (i.e. not more than 12 weeks).
Except for the above circumstances, it would be an offence for an employer to dismiss a pregnant employee. In this case, the employer is liable to prosecution, and may face a fine of HK$ 100,000 upon conviction.
In Hong Kong, the rights of pregnant employees are protected, and they can expect to be given maternity leave and maternity leave pay, as the law requires. Aside from maternity leave, they are also entitled to rest days, statutory holidays, annual leave, sick leave, and other benefits.
Disclaimer: The content provided here serves as a general overview and is not intended to replace professional legal advice. For personal guidance, reach out to a legal professional or to the relevant governing authority.