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"The law is however silent on how to count the 26 weeks although it is only logical that the 26 weeks should be counted backwards from the expected date of commencement of maternity leave. To remove the ambiguity in the law, we proposed to amend section 12(1) accordingly," the spokesman said.
The Employment Ordinance also provides that maternity leave pay should be effected on the normal pay day. However, at present, failure to effect maternity leave pay by an employer within the specified time limit is not an offence hence prosecution action cannot be taken.
"We propose that late payment of maternity leave pay should be an offence liable to a maximum fine of $10,000 upon conviction," he said.
At present, a medical certificate issued by a registered dentist is not regarded as an appropriate medical certificate, an employee having encountered a dental injury or received a dental surgical operation requiring a few days' sick leave is therefore unable to receive sickness allowance.
"To rectify this anomaly, we propose to include the medical certificate issued by a registered dentist as a valid document for the purpose of claiming sickness allowance," the spokesman said.
The amendment bill will be gazetted on Friday (January 13) and introduced into the Legislative Council for the first, second reading, committee stage and third reading on January 18.
"Upon the passage of the Bill, the Labour Department will organise seminars and talks to brief employers and employees on the proposals and distribute information pamphlets to the public through various channels," the spokesman said.
End/Tuesday, January 10, 1995
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