Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 12

Maternity leave

(1) A female employee employed under a continuous contract immediately before
taking any leave under this Part shall be entitled to maternity leave under
this Part. (Replaced 73 of 1997 s. 3)

(2) Maternity leave shall be the aggregate of-

   (a)  a continuous period of 10 weeks from and inclusive of-

        (i)    the date of commencement of maternity leave as determined under
               section 12AA; or

        (ii)   the actual date of confinement, if confinement occurs before
               the date of commencement mentioned in subparagraph (i);

   (b)  a further period equal to the number of days, if any, beginning on the
        day after the expected date of confinement up to and including the
        actual date of confinement; such further period of leave is to be
        taken immediately following the period of leave under paragraph (a);
        and

   (c)  a further period, not exceeding 4 weeks, on grounds of illness or
        disability arising out of the pregnancy or confinement. (Replaced 73
        of 1997 s. 3)

(3) The period of maternity leave under subsection (2)(c) may be taken-

   (a)  wholly or in part immediately before the period mentioned in
        subsection (2)(a);

   (b)  wholly or in part immediately after the period mentioned in subsection
        (2)(a) or (b), as the case may be. (Replaced 73 of 1997 s. 3)

(4) Before taking leave, a female employee who intends to take any period of
maternity leave under subsection (2) shall give notice of her pregnancy and of
her intention to take maternity leave to her employer after her pregnancy has
been confirmed by a medical certificate; the presentation of a medical
certificate to the employer by the female employee confirming her pregnancy
shall be a notice for the purpose of this subsection. (Replaced 73 of 1997 s.
3)

(4A) A female employee who has given notice under subsection (4) shall, if her
pregnancy ceases otherwise than by reason of confinement, give notice of such
cessation of pregnancy to her employer as soon as is reasonably practicable.
(Added 55 of 1987 s. 3)

(5) If her confinement takes place-

   (a)  before notice under subsection (4) is given; or

   (b)  after notice under subsection (4) is given but before the commencement
        of the period of maternity leave under subsection (2)(a)(i), the
        female employee shall, within 7 days of her confinement, give notice
        to her employer of the date of confinement and of her intention to
        take any period of maternity leave under subsection (2)(a). (Replaced
        73 of 1997 s. 3)

(6) A female employee who gives notice under subsection (4) shall, if so
required by her employer, produce a medical certificate specifying the
expected date of confinement. (Replaced 73 of 1997 s. 3)

(7) A female employee who gives notice under subsection (5) shall, if so
required by her employer, produce a medical certificate specifying the date of
confinement. (Replaced 73 of 1997 s. 3)

(7A) A female employee who may take any period of maternity leave under
subsection (2)(b) shall, if so required by her employer, produce a medical
certificate specifying the date of confinement. (Added 73 of 1997 s. 3)

(8) A female employee who intends to take any period of maternity  leave under
subsection (2)(c) shall give notice to that effect to her employer and shall,
if so required by her employer, produce a medical certificate certifying as to
the illness or disability. (Amended 73 of 1997 s. 3)

(9) (Repealed 73 of 1997 s. 3)

(10) The continuity of employment of a female employee shall not be treated as
broken by her taking maternity leave. (Added 22 of 1981 s. 3)

(11) For the avoidance of doubt it is declared that maternity leave is, and
shall be granted, in addition to annual leave to which a female employee is
entitled under this Ordinance and that any rest day or holiday that falls due
during maternity leave shall be counted as part of the maternity leave and
shall not give rise to any entitlement to an additional or other rest day or
holiday or to holiday pay in the case of a female employee who is paid
maternity leave pay for that holiday; and where no maternity leave pay is paid
to the female employee for that holiday she shall be paid holiday pay for that
holiday. (Added 22 of 1981 s. 3. Amended 48 of 1984 s. 7)