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Maternity Leave
Q: When is a domestic helper entitled to maternity leave?
A: She is entitled to maternity leave if:
- she has been employed for at least four weeks prior to the commencement of her maternity leave; and
- she has given her employer notice of her pregnancy at least seven days prior to her expected due date, confirmed by a medical certificate.
Q: When is a domestic helper entitled to paid maternity leave?
A: She is entitled to maternity leave with pay if:
- she has been employed for at least 40 weeks prior to the commencement of her maternity leave; and
- she has given her employer notice of her pregnancy at least seven days prior to her expected due date, confirmed by a medical certificate.
If the domestic helper has been employed for more than 4 weeks but less than 40 weeks prior to the commencement of her maternity leave, she is entitled to her maternity leave pay pro rata.
For instance, if she has worked for 20 weeks prior to the commencement of her maternity leave, she is entitled to 50% – or 5 of the 10 weeks – of her maternity leave pay.
Q: How is maternity leave pay calculted?
A: Maternity leave pay is calculated as 80% of an employee’s full wages.
For instance, if a domestic helper’s monthly wages are HK$3,480 and she is entitled to 10 weeks of maternity leave, her maternity leave pay will be calculated in the following way:
(HK$3,480 x 12 months) / 365 days = HK$114 daily rate
(HK$114 x 7 days x 10 weeks) x 80% = HK$6,407
Q: Can an employer dismiss a pregnant domestic helper?
A: If a domestic helper is entitled to maternity leave protection, an employer cannot dismiss her except in the case of actual and serious misconduct.
If an employer dismisses a pregnant domestic helper without incidence of serious misconduct, he or she is liable for a fine of up to HK$100,000. He or she is also required to pay the domestic helper:
- one month’s wages in lieu of notice;
- one month’s salary as compensation (in addition to the wages in lieu of notice);
- annual leave entitlement; and
- 10 weeks’ maternity leave pay