Hong Kong Maternity Leave Update: 14 Weeks' Statutory Maternity Leave to come into effect on 11 December 2020

Published

Oct 13 2020

Written By

Partner
UK

Here at Bird & Bird, I am a partner in our International Employment Group. I am currently qualified to practise in Hong Kong, Australia and England. This reflects my recent history where I have been lucky enough to be based in San Francisco, Hong Kong, Sydney and London. Most recently, I was based in our San Francisco office which I co-led, before returning to London.

Hong Kong will finally catch up with the International Labour Organisation’s recommendation that female employees be given 14 weeks of statutory maternity leave. This entitlement (amongst others) will come into effect on 11 December 2020 as the Employment (Amendment) Ordinance 2019 ("Amendment").

The Amendment provides for:

extension of maternity leave from 10 weeks to 14 weeks for female employees who have been under a continuous contract;
employers to be able to claim a reimbursement from the Government for any maternity leave pay that is payable for the additional 4 weeks' maternity leave. The reimbursement amount is capped at HK$80,000;
a female employee to be entitled to the 14 weeks' maternity leave if they suffer a "miscarriage" at 24 weeks pregnancy or beyond (as opposed to the original 28 weeks of pregnancy); and
a certificate of attendance (as opposed to a medical certificate) at a registered medical practitioner, nurse or midwife (as opposed to just a registered medical practitioner) being acceptable proof in respect of a claim for sickness allowance where a female employee is attending a medical examination in relation to her pregnancy.

For more information, please visit our previous article.