No. 3
Conventions Applied to Hong Kong with Modification
Maternity Pro ition Convention, 1919
Annex B
Modifications
Article 2
(i)
(ii)
The term "woman" signifies :
(a) outside the civil service, a female employee within the coverage of the Employment Ordinance and who satisfies the conditions laid down under Part III of the ordinance; and
(b)
in the civil service, for the purpose of determining maternity leave pay entitlement, a woman officer who satisfies the conditions laid down under Civil Service Regulation 1250.
The term "child" signifies :
(a) outside the civil service and in the context of the Employment Ordinance, a child born to a female employee defined at (i)(a) above; and
(b) in the civil service, for the purpose of determining maternity leave pay entitlement, a child born to a woman officer satisfying conditions laid down under Civil Service Regulation
· 1250.
Article 3(a)
(1)
(ii)
Outside the civil service, maternity leave is granted, under the Employment Ordinance, to a woman who has been employed by the same employer under a continuous contract for a period of not less than 26 weeks.
In the civil service, a woman is not prohibited by regulation from working during the fifth and sixth weeks following her confinement.
Article 3(c)
(i)
Maternity leave pay outside the civil service is provided, under the Employment Ordinance, by an employer for a female employee for the periods of four weeks before the expected date of confinement and six weeks after confinement if she :
(a)
(b)
has been employed by that employer under a continuous contract for a period of not less than 40 weeks before the expected date of her commencement of maternity leave;
has no children or no more than two children born to her at the time she gives notice of her intention to take maternity leave and has produced to her employer a statutory declaration to
1