Section 12

Maternity leave

產假

Part VIII — Maternity Protection (生育保障)

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Statutory Text

(1) A female employee employed under a continuous contract immediately before taking any leave under this Part shall be entitled to maternity leave under this Part.

(2) Maternity leave shall be the aggregate of—

(a) a continuous period of 14 weeks from and inclusive of—

(i) the date of commencement of maternity leave as determined under section 12AA ; or

(ii) the actual date of confinement, if confinement occurs before the date of commencement mentioned in subparagraph (i);

(b) a further period equal to the number of days, if any, beginning on the day after the expected date of confinement up to and including the actual date of confinement; such further period of leave is to be taken immediately following the period of leave under paragraph (a); and

(c) a further period, not exceeding 4 weeks, on grounds of illness or disability arising out of the pregnancy or confinement.

(3) The period of maternity leave under subsection (2)(c) may be taken—

(a) wholly or in part immediately before the period mentioned in subsection (2)(a) ;

(b) wholly or in part immediately after the period mentioned in subsection (2)(a) or (b), as the case may be.

(4) Before taking leave, a female employee who intends to take any period of maternity leave under subsection (2) shall give notice of her pregnancy and of her intention to take maternity leave to her employer after her pregnancy has been confirmed by a medical certificate; the presentation of a medical certificate to the employer by the female employee confirming her pregnancy shall be a notice for the purpose of this subsection.

(4A) A female employee who has given notice under subsection (4) shall, if her pregnancy ceases otherwise than by reason of confinement, give notice of such cessation of pregnancy to her employer as soon as is reasonably practicable.

(5) If her confinement takes place —

(a) before notice under subsection (4) is given; or

(b) after notice under subsection (4) is given but before the commencement of the period of maternity leave under subsection (2)(a)(i) ,

the female employee shall, within 7 days of her confinement, give notice to her employer of the date of confinement and of her intention to take any period of maternity leave under subsection (2)(a) .

(6) A female employee who gives notice under subsection (4) shall, if so required by her employer, produce a medical certificate specifying the expected date of confinement.

(7) A female employee who gives notice under subsection (5) shall, if so required by her employer, produce a medical certificate specifying the date of confinement.

(7A) A female employee who may take any period of maternity leave under subsection (2)(b) shall, if so required by her employer, produce a medical certificate specifying the date of confinement.

(8) A female employee who intends to take any period of maternity leave under subsection (2)(c) shall give notice to that effect to her employer and shall, if so required by her employer, produce a medical certificate certifying as to the illness or disability.

(9)

(10) The continuity of employment of a female employee shall not be treated as broken by her taking maternity leave.

(11) For the avoidance of doubt it is declared that maternity leave is, and shall be granted, in addition to annual leave to which a female employee is entitled under this Ordinance and that any rest day or holiday that falls due during maternity leave shall be counted as part of the maternity leave and shall not give rise to any entitlement to an additional or other rest day or holiday or to holiday pay in the case of a female employee who is paid maternity leave pay for that holiday; and where no maternity leave pay is paid to the female employee for that holiday she shall be paid holiday pay for that holiday.

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