{"id":12430,"date":"2025-05-26T08:13:56","date_gmt":"2025-05-26T08:13:56","guid":{"rendered":"https:\/\/www.pathfinders.org.hk\/?p=12430"},"modified":"2025-06-05T08:33:43","modified_gmt":"2025-06-05T08:33:43","slug":"how-many-weeks-of-maternity-leave-are-migrant-domestic-workers-in-hong-kong-entitled-to","status":"publish","type":"post","link":"https:\/\/www.pathfinders.org.hk\/zh-hant\/news\/how-many-weeks-of-maternity-leave-are-migrant-domestic-workers-in-hong-kong-entitled-to\/","title":{"rendered":"How many weeks of maternity leave are migrant domestic workers in Hong Kong entitled to?"},"content":{"rendered":"\n\n\n

Maternity Leave<\/strong><\/p>\n\n\n\n

In Hong Kong, a female employee employed under a continuous contract (i.e. for at least 4 weeks and working not less than 18 hours per week) immediately before the commencement of her maternity leave is entitled to a continuous period of 14 weeks\u2019 maternity leave. <\/strong>This entitlement applies to all female employees in Hong Kong regardless of their occupations, so migrant domestic workers are also entitled to the same maternity protection as other female workers.<\/p>\n\n\n\n

Notice of Pregnancy<\/strong><\/p>\n\n\n\n

However, it is the pregnant employee\u2019s obligation to give notice of pregnancy<\/strong> and her intention to take maternity leave to the employer in order to avail of this entitlement. <\/p>\n\n\n\n

It is recommended that you give a written notice to the employer soon after you have obtained a medical certificate to protect your maternity rights. Providing a copy of the medical certificate to the employer is regarded as giving notice of pregnancy. You can serve the written notice to the employer or provide a copy of the medical certificate in person, by registered mail or through WhatsApp message. Keeping record (e.g. keep the Whatsapp chat history between you and your employer) of this notice is important in case of disputes. <\/p>\n\n\n\n

If you don\u2019t know how to write a \u201cNotice of Pregnancy, check out this interactive tool PREGNANT@WORK<\/strong><\/a> (PAT)<\/strong>,<\/strong> which can help you generate one with a few simple steps. This tool is available in Chinese, English and Indonesian. Aside from generating a \u201cNotice of Pregnancy\u201d PAT also tells you about statutory maternity rights and duties and provides a calculator to estimate any statutory maternity leave pay. <\/p>\n\n\n\n

Maternity Leave Pay<\/strong><\/p>\n\n\n\n

If you have been employed for at least 40 weeks<\/strong> immediately before the commencement of maternity leave and you have given notice of pregnancy to your employer, you are entitled to maternity leave pay. <\/p>\n\n\n\n

Your maternity leave pay is calculated at 4\/5 or 80% of the average daily wages<\/strong> you have earned during the last 12 months immediately before the start of the maternity leave, or, if you have worked for less than 12 months, the calculation is based on the actual period of employment. Employers can apply for reimbursement of the statutory maternity leave pay (MLP) paid to employees in respect of the 11th to 14th weeks, subject to a cap of $80,000 per employee. You can also share information about Reimbursement of Maternity Leave Pay (\u201cRMLP\u201d) Scheme <\/strong>with your employer: https:\/\/www.rmlps.gov.hk\/eng\/faqs<\/a> <\/strong><\/mark>(English)<\/p>\n\n\n\n

https:\/\/www.rmlps.gov.hk\/tc\/faqs<\/mark><\/a> <\/strong>(Chinese)<\/p>\n\n\n\n

If you have been employed for at least 4 weeks but less than 40 weeks, you will still be entitled to take maternity leave but the period of leave would be unpaid.<\/p>\n\n\n\n

If you want to learn more about your maternity rights, please visit the labor department website or send your enquiry to the Labor Department:<\/p>\n\n\n\n