1970-HKRS29-8-37_Part01 — Page 16

Authority to

(8) A female employee who intends to take any period of maternity leave under paragraph (d) of sub- section (2) shall give notice to that effect to her em- ployer and shall, if so required by her employer, produce a medical certificate certifying as to the illness or disability.

(9) A female employee who is on maternity leave and who intends to return to work shall, if so required by her employer, give not less than eight days' notice to the employer of the date on which she intends to return to work and shall state in the notice the date on which she was confined, unless the date has been notified under subsection (5).

11A. (1) A medical certificate for the purposes issue medical of subsection (6) or (7) of section II shall be issued certificates.

(CN). 162,)

Unpaid maternity leave, but

by-

(a) a registered medical practitioner; or (6) notwithstanding section 16 of the Midwives Registration Ordinance, 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 subsection (8) of section II shall be issued by a registered medical practitioner.

11B. (1) A female employee shall not be entitled to wages in respect of the period of her maternity continuity of leave, unless her contract of employment provides employment otherwise.

Prohibition against termination

of employ- ment.

(2) The continuity of employment of a female employee shall not be treated as broken by her mater- nity leave.

11C. (1) No employer shall terminate a contract of employment of a female employee under section 5 or 6 during the period from the date on which the female employee gives notice under subsection (4), (5) or (8) of section 11 to the date on which she is due to return to work on expiry of her maternity leave.

(2) An employer who contravenes subsection (1) shall be liable to pay to the female employee-

(a) the sum which would have been payable if the contract had been terminated by the employer under section 6; and

(6) a further sum equivalent to the amount of wages which would have accrued to the employee during a period of seven days.

(3) In the case of a female employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to the employee during the period of seven days referred to in paragraph (b) of subsection (2) shall be deemed to 1thne:བ----

(a) if the contravention of subsection (1) occurs before the commencement of maternity leave, the amount of wages, other than overtime pay, earned by the employee during the equivalent period immediately prior to the breach of the contract; or

(b) if the contravention of subsection (1) occurs after the commencement of maternity leave, or if for any reason it is impracticable to compute the amount under paragraph (0), the amount of wages, other than overtime pay, earned during the equivalent period by a female employes in the same trade or occupation at the same work in the same district.".

8. The principal Ordinance is amended by adding, after section 35, the following new section-

out

"Contracting 38A. Any term of a contract of employment which purports to extinguish or reduce any right. benefit or protection conferred upon the employed by this Ordinance shall be void.".

9. The Schedule to the principal Ordinance is amended, in sub-paragraph (a) of paragraph 1, by deleting "Part II" and sub- stituting the following-

"this Ordinance”,

Passed by the Hong Kong Legislative Council this 7th day of January, 1970.

Save

Deputy Clerk of Councils.

Addition of new section 3SA.

Amendment of Schedule.