Increase in statutory maternity leave

A mother who gives birth on 11 December 2020, or later, will be entitled (if employed in Hong Kong) to enhanced statutory maternity leave – for 14 weeks, up from ten, with related additional pay. Specifically:

• Statutory maternity leave will increase by four weeks (to 14 weeks in total).

• The calculation of the statutory maternity leave pay for these additional four weeks will use the existing formula (ie 80% of an employee’s average daily “wages” over the preceding 12 complete months); but the extra amount is subject to a cap of $80,000 (just over US$10,000), per birth.

• The government has committed to reimburse employers the additional statutory maternity leave pay, albeit details of how this will be paid have not yet been announced.

• If a birth occurs before midnight on 10 December 2020, the mother will be entitled to the existing (10-week) maternity leave only (unless an employer decides to allow employees to enjoy the enhancement from eg 1 December).

Paternity Leave

• The period within which a father may take paternity leave will be extended, to 14 weeks after delivery (from ten). (The period remains at five days.)

Other changes

• A certificate of attendance from a professionally trained person such as a registered medical practitioner, registered Chinese medicine practitioner, registered mid-wife or registered nurse (rather than a medical certificate) will be accepted as proof of entitlement to sickness allowance under the Employment Ordinance for a day on which an employee attends a medical examination in relation to her pregnancy.

• The qualifying period of pregnancy for “miscarriages” will be shortened from 28 weeks to 24 weeks; that is, an employee whose child is lost at or after 24 weeks will be entitled to full maternity leave with pay (14 weeks if the child is born on or after 11 December 2020), provided other conditions are met.

Employers are recommended to make corresponding adjustments to their policies and internal guidelines to align with the amendments to the Employment Ordinance, which take effect from 11 December 2020.

(There continues to be no right to adoption leave under Hong Kong law.)