Effective from 11 December 2020, Hong Kong’s statutory maternity leave will increase from 10 weeks to 14 weeks. The date was appointed by the Secretary for Labour and Welfare in a published notice, following the gazettal of the Employment (Amendment) Ordinance 2020 in July this year.

Pay for the four additional weeks will be maintained at the current rate, i.e. four-fifths of the relevant employee’s average daily wages, subject to a $HK80,000 cap per employee. The Government has committed to reimbursing employers for the additional payment. Employers should stay tuned to announcements by the Labour and Welfare Bureau (LWB) about the details of the reimbursement scheme.

The extension will ensure our city’s compliance with the International Labour Organization’s recommendation, enabling new mothers to adapt to their parental role and return to the workplace with greater ease of mind. Importantly, it will encourage working women to breastfeed for a longer period of time, which benefits the health and development of their children.

Indeed, the EOC welcomes the move, but there are still gaps in the law that could leave workng mothers vulnerable to unjust treatment. In 2016, the EOC submitted a report on the Discrimination Law Review to the Government, and one of its recommendations was to introduce a statutory right for women to return to their previous role after maternity leave, or a suitable alternative role on similar terms and conditions if the original position no longer exists. Click the link below to learn more.

• Read the Ordinance
• Bookmark the LWB website
• More on the Discrimination Law Review