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children), alaysia 3arviving children) and the Philippines (4 deliveric, niscarriages or abortions). The orking Group considered the ponibility of introducing a sliding scale of payment along the lines of personal allowances for salaries tax purposes but rejected. the idea since it could not find any valid rationale for reduced payments i maternity cases. However, in order not to make employers' liability an open-ended commitment, the Working Group recommends limiting the cash benefit to two surviving
children.
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The orking Group believes that this recomendation
is generally consistent with our Long's population policy. To limit cash benefit to two surviving children cannot be taken as restricting an individual's freedom to have more children, but only as a limit to employers' liabilities.
Qualifying period
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The Employment Ordinance provides for a qualifying period of 26 weeks service for aternity leave entitlement. The Working Group considered whether this qualifying period should be modified in vier of its recommendations concerning pay entitlement.
The orking Group recalled at ILC Conventions dealing specifically with maternity protection and benefits do not stipulate any qualify- ing period. hilst most neighbouring sian countries do not impose a qualifying period for pay entitlement, sone (ingapore and Malaysia in particular) specify a minimum of 3 - 6 months service. An balance, who orking Group recommends that the quali- fying period for pay entitlement in long long should be the same as at present for maternity leave earning purposes, i.e. 26 weeks.
Termination of cploment during Maternity leave
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Section 15(1) of the nployment Ordinance prohibits employers from teminating a contract of employment during the period fro the date on which the feale employee gives notice of intended maternity leave to the date on "hich she is due to return to work on expiry of her at rnity leave. Treach of this provision is not a prosecutable offence, but employers are liable, under Section 15(2), to pay pages in lieu of notice of ter ination (usually one oath or 7 days rages depending on type of contract)
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