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HR Tips:How is the 14-week maternity leave pay calculated? How much allowance can the employer apply

How is the 14-week maternity leave pay calculated? How much allowance can the employer apply for from the government?

4 weeks before and 6 weeks after? In fact, maternity leave was extended to 14 weeks at the end of 2020, with additional salary expenses subsidized by the government. Each employee can apply for up to $80,000. What type of employee can enjoy paid maternity leave? Can part-timers enjoy maternity leave benefits? How much salary can employees receive during maternity leave?

What types of employees can enjoy paid maternity leave?

According to the Employment Ordinance, employees need to meet the following conditions to enjoy a 14-week paid maternity leave:

1. Have been hired for a continuous contract for 40 weeks prior to the scheduled start of maternity leave;

1. Give notice of pregnancy and preparation for maternity leave to the employer, such as providing a doctor's certificate confirming pregnancy; and

1. If requested by the employer, a doctor's certificate specifying the expected date of delivery has been submitted to the employer.

In short, as long as an employee has been continuously employed by the same employer for 40 weeks or more, and works at least 18 hours per week, they can enjoy 14 weeks of paid maternity leave, regardless of whether they are part-time or full-time. However, employees who have been employed for less than 40 weeks can still get 14 weeks of unpaid maternity leave.

How can pregnant employees take maternity leave?

Qualified employees can notify the employer of the maternity leave date at least 4 weeks before the expected date of delivery. If the employee does not make the request or does not get the employer's consent, she must start maternity leave 4 weeks before the expected date of delivery. If the employee gives birth before starting maternity leave, the maternity leave should be calculated from the date of delivery.

Can the employer dismiss a pregnant employee?

In Hong Kong, according to the Employment Ordinance, the employer cannot dismiss the employee who is on a continuous contract and is pregnant and during her maternity leave. If the employer violates this provision, it may be considered illegal dismissal and compensation needs to be paid.

How should paid maternity leave be calculated?

In Hong Kong, the wage for paid maternity leave is determined based on the employee's average wage. The Employment Ordinance stipulates that the employee's wage during maternity leave should not be less than four-fifths of her average wage in the 4 weeks before maternity leave.

Assuming the employee's monthly salary is HK$20,000, then her maternity leave pay would be:

HK$20000 * 12 / 365 * 4/5 * 98 = 51,550.68

Is calculating maternity leave complicated and difficult to understand? Lili can help you!

The Hong Kong Employment Ordinance has many details and it's easy to make mistakes. If a pregnant employee has taken unpaid leave or paid leave in the past year, there will be another method of calculation. Already dizzy? Contact Lili immediately to clear all your payroll doubts in a minute!

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