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?
A helper is eligible for 10 weeks paid maternity leave if-
- she has been employed for not less than 40 weeks immediately before the commencement of maternity leave;
- she has given notice of pregnancy confirmed by a medical certificate to her employer; and
- she has produced a medical certificate specifying the expected date of confinement if so required by the employer.
Maternity leave pay is equal to four-fifths fo the normal wages. It should be paid on the normal pay day of the helper.
- 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.
- 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.
- The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance.