TOP 5 FACTS FOR MIGRANT DOMESTIC WORKERS AND EMPLOYERS
1. Effective Date
MDWs whose maternity leave commences on or after 11 December 2020 are entitled to 14 weeks of maternity leave (up from 10 weeks).
2. Length of Service For Entitlement
MDWs employed for at least 40 weeks should receive 4/5ths salary during their 14 weeks of maternity leave. MDWs employed for less than 40 weeks are entitled to 14 weeks of maternity leave, without pay.
3. Government Reimbursement Scheme for Employers
MDW employers may apply to the Government’s reimbursement scheme to cover the additional 4 weeks of maternity leave pay, to be implemented in the first half of 2021.
As the Scheme is not in place yet, employers need to keep relevant employment records and other related documents of pregnant MDWs in order to apply for reimbursement later. The relevant documents to be kept by employers include:
– Proof of the MDW’s pregnancy;
– Payment records of maternity leave pay to the MDW; and
– The MDW’s salary records for the 12 months immediately before the commencement of maternity leave.
4. Entitlement to Sickness Leave for Medical Check-Ups
On production of an attendance certificate (issued by a medical professional), MDWs are entitled to sickness leave to attend medical check-ups related to their pregnancy.
5. Entitlement to Maternity Leave In Event of Miscarriage
MDWs who experience a miscarriage at or after 24 weeks of pregnancy are entitled to maternity leave, if other conditions are met.
More information from the Labour Department:
- Frequently Asked Questions with Answers on Employment (Amendment) Ordinance 2020
- Leaflet on Employment (Amendment) Ordinance 2020