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  2. A Guide to Maternity Leave and its Costs to Employers

A Guide to Maternity Leave and its Costs to Employers

A Guide to Maternity Leave and its Costs to Employers
  • Author Syahirah Aiman Abbas

    Syahirah Aiman Abbas

    Author

    Syahirah Aiman Abbas is a writer and translator who loves languages. After learning Malay, English, Arabic, Indonesian and French, now she is on to Turkish!

Hiring and supporting employees through major life events is part of being a responsible employer in Hong Kong. One such responsibility is covering maternity leave entitlements under the Employment Ordinance.

If you employ female staff who have been with your company for at least 40 weeks before taking maternity leave, you may be required to provide both paid leave and other protections. Understanding your obligations—not just the costs, is essential to remain compliant and support your workforce effectively.

Key Takeaways

  • Female employees are entitled to 14 weeks of maternity leave if they've been employed under a continuous contract for at least 40 weeks before the start of leave.
  • Employers must pay maternity leave pay for the full 14 weeks if the employee has provided the required medical proof and notice.
  • Maternity leave pay is four-fifths of the employee’s average daily wages, capped at HK$80,000 for the additional 4 weeks (11th to 14th week). Employers can apply for government reimbursement of this amount.

Who Is Eligible for Maternity Leave in Hong Kong, and for How Long?

In Hong Kong, female employees are entitled to 14 weeks of maternity leave if they’ve been employed under a continuous contract for at least 40 weeks immediately before the start of leave. To qualify, they must also notify their employer and provide a medical certificate confirming the expected due date.

Employees with less than 40 weeks of continuous service are still entitled to 14 weeks of maternity leave, but it will be unpaid.

What Is the Cost of Maternity Leave to an Employer?

In Hong Kong, employers must pay maternity leave at 80% of the employee’s average daily wages for 14 weeks. For the final four weeks (weeks 11 to 14), employers can apply for government reimbursement, capped at HK$80,000 per employee.

Example

Natasha runs a company called Hope Pte. Ltd. Her employee, Adela, has worked with her for two years and earns HK$10,000 per month. She is going on 14 weeks of maternity leave.

To calculate maternity leave pay:

  • Average Daily Wage: HK$10,000÷ 30 = HK$333
  • 80% of ADW: HK$267
  • 14 weeks = 98 days
  • 98 × HK$267= HK$26,133

Natasha must pay Adela HK$26,133 during her maternity leave. The portion covering weeks 11–14 is eligible for full reimbursement, as it falls below the HK$80,000 cap.

Employers are legally prohibited from firing a pregnant employee until the end of her maternity leave. If the proof of pregnancy can be provided after the termination notice given to the employee, the employer needs to revoke the termination. Work arrangements should also be tailored accordingly, meaning no heavy, hazardous or harmful work for a pregnant employee.

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When Does Maternity Leave Start?

Maternity leave in Hong Kong usually begins 2–4 weeks before the expected due date, subject to mutual agreement between the employee and employer. Without an agreed start date, it automatically kicks in 4 weeks before confinement.

Employers and employees can decide on any split of the 14 weeks — for instance, 2 weeks before + 12 weeks after, or 3 + 11 — as long as it's agreed in advance. If a baby arrives early, the leave starts immediately on the delivery date. Conversely, if the baby comes late, employers must extend the leave, day-for-day, beyond the original 14 weeks.

When Should Your Employee Notify You of Her Maternity Leave?

There is no minimum period within which an employee must give notice of her pregnancy. However, it should be within the company’s policies to give the notice sooner rather than later so that the employer is protected from being wrongfully dismissed.

Yes. In Hong Kong, time off for pregnancy-related medical care, like antenatal visits, postnatal treatment, or miscarriage, is treated as sick leave, as long as your employee provides a medical certificate or certificate of attendance.

  • These days count toward her paid sick leave entitlement.
  • She can receive 80% of her average daily wage during this time, assuming she has enough accrued sick leave.
  • Proper documentation must be provided, clearly indicating the reason for the absence.

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Female employees who experience a miscarriage at or after the 24th week of pregnancy are now entitled to statutory maternity leave, provided they meet other eligibility requirements. This is a change from the previous rule, which applied only after 28 weeks of pregnancy.

In cases of birth-related or pregnancy-related illness or disability, employees may be entitled to up to 4 additional weeks of maternity leave beyond the standard entitlement. This leave is separate from their sick leave but is unpaid.

If a baby is born later than the expected due date, the days between the due date and the actual birth will be added to the maternity leave, ensuring the employee receives a full recovery period.

📝 Note

Extended maternity leave due to late delivery or pregnancy-related health issues is unpaid; however, if the employee is unfit for work, she may opt to use her paid sick leave instead, subject to eligibility and provision of a medical certificate.

Paternity Leave for Fathers: What Employers Need to Know

Fathers in Hong Kong are entitled to 5 days of statutory paternity leave. Male employees can take their paternity leave within 14 weeks of the child’s birth, an extension from the previous 10-week period.

During paternity leave, fathers receive 80% of their average daily wages.

Example

Jason took paternity leave on Tuesday, 15th of December 2024, the day his child was born, and 2 days after, taking care of his wife and newborn (3 out 5 paternity leave days used up). On Friday, he reports back to work. He would have until the 23rd March 2025 (14 weeks after) to take the remaining 2 days of paternity leave.

Advantages of Keeping Up with Maternity and Paternity Leave Policies

The advantage of maternity leave is that it safeguards the economic security and health of mothers and newborns. In the weeks following birth, women need time to recover from labour, adjust to a new family structure, and nurse their child.

Longer maternity leaves result in lower rates of premature births, pregnancy, and postpartum depression. Longer maternity leave is also linked to facilitating breastfeeding practices. Thus, employers would benefit more from this added maternity leave in the long run, as their employees would have a bit of longer time to heal as compared to before.

💡 Tip

As a company owner, there are many things to take care of while you grow your business besides keeping up with maternity and paternity policies. Let our experienced accountants help you with bookkeeping and accounting tasks. You don’t have to do everything on your own.

Author Syahirah Aiman Abbas
Syahirah Aiman AbbasAuthor

Syahirah Aiman Abbas is a writer and translator who loves languages. After learning Malay, English, Arabic, Indonesian and French, now she is on to Turkish!

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