C458
Amendment of section 15.
EMPLOYMENT (AMENDMENT) BILL 1987
(b) by inserting, after subsection (4), the following—
4.
"(4A) A female employee who has given notice under subsection (4) shall, if her pregnancy ceases otherwise than by reason of confinement, give notice of such cessation of pregnancy to her employer as soon as is reasonably practicable.".
Section 15(1) of the principal Ordinance is amended by deleting the full stop at the end thereof and substituting the following
"or the date of cessation of her pregnancy (otherwise than by reason of confinement).".
Explanatory Memorandum
This Bill amends certain maternity leave provisions in the Employ- ment Ordinance.
2. Clause 2 of the Bill amends section 6 of the principal Ordinance by providing that maternity leave to which a female employee is entitled shall not be included in the length of notice required to terminate a contract of employment. This will obviate the possibility, under existing legislation, of a pregnant woman employee giving notice of termination of employment during her maternity leave and making her resignation take effect im- mediately after the leave expires.
3. Clause 3 of the Bill amends section 12 of the principal Ordinance by providing that a female employee can give notice of her intention to take maternity leave once her pregnancy has been certified by a medical certifi- cate. This affords greater protection to women employees from dismissal due solely to pregnancy and enables the employer to make alternative arrangements to cover the absence of the pregnant employee. Under existing legislation, a pregnant female employee cannot give such notice until within 12 weeks prior to her expected date of confinement. The amendment also provides that a female employee whose pregnancy has ceased otherwise than by reason of confinement shall give notice of such cessation of pregnancy to her employer as soon as is reasonably practicable.
4. Clause 4 of the Bill amends section 15 of the principal Ordinance by providing that no employer shall terminate a contract of employment of a female employee during the period from the date on which she gives notice of intention to take maternity leave to the date on which she is due to return to work on the expiry of her maternity leave or the date of cessation of her pregnancy due otherwise than by reason of confinement.
5. The Bill has no Public Service staffing or public expenditure implications.
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