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How is maternity leave pay calculated? Can a pregnant employee be fired under any circumstances?

Regarding the calculation of pay for maternity leave, many people find it difficult to calculate after reading the relevant regulations. The Hong Kong Employment Ordinance actually provides multiple occupational protections for pregnant employees. This article will summarize the calculation method of paid maternity leave and their occupational protection for you.

How should maternity leave pay for employees be calculated?

According to the Employment Ordinance, a pregnant employee is eligible if the pregnant employee has been employed under a continuous contract for 40 weeks before maternity leave is enacted, and the employer is given notice of the intention to take maternity leave with the production of a medical certificate. Maternity leave pays. So how should her maternity leave be calculated?

In general, employees are entitled to 14 weeks of paid maternity leave (10 weeks of paid maternity leave for eligible employees who give birth before 11 December 2020), and employers are required to pay maternity leave pay to employees during the normal pay period.

The amount of daily pay for maternity leave is equal to four-fifths of the average daily wages earned by the employee in the preceding 12 months from the “first day of maternity leave”, and from the 11th to the 14th week, each the maximum maternity leave pay for one employee is HK$80,000.

Also, if the employee’s employment period is less than 12 months, it is calculated for that shorter period. When calculating the average daily wages of an employee, the employer must exclude the periods during which wages or full wages are not paid to the employee, including rest days, statutory holidays, annual leave, sick leave, maternity leave, work-related sick leave or leave taken with his consent.

Reimbursement of maternity leaves pays through reimbursement.

Based on December 2020, amendments to the ordinance may result in an additional four weeks of payments from employers. Therefore, employers can apply to the government for reimbursement of maternity leave pay for the 11th to 14th weeks in the form of reimbursement after paying maternity leave pay during the normal pay period. At present, employers can submit applications through the government’s ” The Reimbursement Easy Portal ” website, or by email, fax, post, or in person.

An employer may only dismiss a pregnant employee if:

• The employee is summarily dismissed for gross negligence;

• The employment contract has a clearly agreed probationary period, and the employer may dismiss the employee during the probationary period of not more than 12 weeks, but the employer cannot dismiss the employee due to pregnancy.

Employers may not assign heavy, dangerous, or hazardous work

Second, if a pregnant employee has submitted to the employer a medical certificate proving that she is pregnant, stating that she is unfit to handle heavy objects, work in a place with noxious gases, or handle other work that would impair pregnancy, the employer shall not assign such work to the employee and must remove the employee from such employment within 14 days of receipt of the relevant removal request.

From the employer’s point of view, they can also arrange for the employee to undergo another medical examination by a nominated registered medical practitioner within 14 days after receiving the relevant medical certificate of the employee, to obtain another medical examination on the employee’s suitability for the relevant work. an opinion.

Once the employee is removed from his job for the above reasons, maternity leave pay or termination indemnity shall be calculated on the basis of the average daily or monthly wages earned during the 12 months preceding the “removal from heavy, dangerous or harmful work”.

The above information is for reference only. If you have any questions about entrepreneurship, labor law, or accounting, we welcome your inquiries.

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