| For both employer and helper |
| Q6.1 |
Under what circumstances is a helper entitled to paid maternity
leave? |
| A |
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.
|
| Q6.2 |
What is the rate of maternity leave pay? When should it be paid? |
| A |
Maternity leave pay is equal to four-fifths of the normal wages.
It should be paid on the normal pay day of the helper. ¡@ |
| Q6.3 |
Can an employer dismiss a pregnant helper? |
| A |
- No. Except in cases of summary dismissal due to the helper's
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 month's 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 (see chapter 9).
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