22
CAP. 57
Employment
[1988 Ed.
Authority to issue medical certificates
13. (1) A medical certificate for the purposes of section 12(6) or (7) shall be issued by-
(a) a registered medical practitioner; or
(b) notwithstanding section 16 of the Midwives Registration Ordinance (Cap.162), a midwife registered under section 8, or deemed to be registered under section 25, of that Ordinance.
(2) A medical certificate for the purposes of section 12(8) shall be issued by a registered medical practitioner.
Payment for maternity leave
14. (1) A female employee shall not be entitled to wages in respect of the period of her maternity leave except as provided in this section or as provided in her contract of employment if such contract provides for paid maternity leave on terms better than in this section.
(2) Subject to subsection (6), an employer shall pay a female employee maternity leave pay for the period of maternity leave taken by her and to which she is entitled under section 12(2)(a) and (c) if she-
(a) 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;
(b) has given notice under section 12(4) or (5);
(c) has complied with any requirement by her employer under section 12(6) or (7); and
(d) has no children or no more than 2 children born to her and of any age at the time when she gives notice under section 12(4) or (5) and has produced to her employer a statutory declaration to that effect.
(3) Maternity leave pay payable under this section shall be calculated-
(a) in the case of a female employee whose wages are computed by reference to a monthly rate, at two-thirds of her monthly rate of pay; and
(b) in any other case, at two-thirds of the average daily wage earned by the female employee, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the female employee on each day on which she worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the commencement of her maternity leave:
Provided that in a case to which this paragraph applies maternity leave pay shall not be payable in respect of a day on which the female employee would not have worked had she not been on maternity leave. (Replaced, 48 of 1984, s. 8)