Maternity Protection

Please note that the information below is provided by the Hong Kong Labour Department.

As both Employer and Helper
1.  Under what circumstances is a helper entitled to paid maternity leave?
2.  What is the rate of maternity leave pay? When should it paid?
3.  Can an employer dismiss a pregnant helper?

1.Under what circumstances is a helper entitled to paid maternity leave?

A helper is eligible for 10 weeks paid maternity leave if-

1. she has been employed for not less than 40 weeks immediately before the commencement of maternity leave;
2. she has given notice of pregnancy confirmed by a medical certificate to her employer; and
3. she has produced a medical certificate specifying the expected date of confinement if so required by the employer.

2.What is the rate of maternity leave pay? When should it paid?

Maternity leave pay is equal to four-fifths fo the normal wages. It should be paid on the normal pay day of the helper.

3.Can an employer dismiss a pregnant helper?

1. No. Except in cases of summary dismissal due to the helpers serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave.
2. An employer who contravenes the provision is liable to prosecution and, on conviction, a fine of HK$100,000. He/She is also required to pay the helper:
   – wages in lieu of notice;
   – a further sum equivalent to one months wages: and
   – 10 weeks maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
3. The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance.