On 27 December 2019, the Employment (Amendment) Bill 2019 (the "Bill") was gazetted by the Hong Kong Government. The Bill relates to the proposed amendments to the maternity benefits of female employees who are employed under a continuous contract of employment.
The proposed amendments under the Bill are:
- An increase in the statutory maternity leave entitlement from the existing 10 weeks to 14 weeks;
- The maternity leave pay for the extended period of maternity leave shall be at the rate of four-fifths of the employee's daily average wages, subject to a cap of HK$36,822;
- The shortening of the period of pregnancy mentioned in the definition of "miscarriage" from 28 weeks to 24 weeks (i.e. miscarriage means the child is incapable of survival after being born before 24 weeks of pregnancy);
- The acceptance of a certificate of attendance as proof for entitlement to sickness allowance for a day on which a female employee attends a medical examination in relation to her pregnancy.
The Bill is expected to be introduced into the Legislative Council for First Reading on 8 January 2020.
See the gazetted bill here: https://www.gld.gov.hk/egazette/pdf/20192352/es32019235223.pdf
Visit us at www.mayerbrown.com
Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© Copyright 2019. The Mayer Brown Practices. All rights reserved.
This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.