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Employer fined for sacking pregnant employee
The Labour Department today (Sunday) reminded employers not to terminate the employment of a female employee after she had given notice of her intention to take maternity leave.
Siu Chung Garments Limited in Tsuen Wan was recently fined $5,000 in the Tsuen Wan Magistracy for sacking a pregnant employee who had already notified her employer of her intention to take maternity leave.
"Under the Employment Ordinance, a female worker is protected from termination of her employment from the date on which she gives notice of her intention to take maternity leave until the date on which she is due to return to work, if she has been employed for not less than 12 weeks," a Labour Department spokesman said.
"A female employee who has worked for the same employer under a continuous contract for not less than 26 weeks is entitled to maternity leave.
"She is also entitled to maternity leave pay if she has worked continuously for the same employer for not less than 40 weeks before the expected date of her commencement of maternity leave and if she has not more than two surviving children," he added.
Failure to comply with these provisions is liable to a maximum fine of $10,000.
To help pregnant workers understand their rights, copies of a leaflet on maternity protection provisions can be obtained at all the offices of Labour Relations Service, all public hospitals as well as maternal and child care health centres.
The leaflet contains a standard form of notice specifying the expected date of confinement and the commencement date of maternity leave. There is also a declaration form for declaring the number of surviving children.
End/Sunday, January 15, 1995