TNAG-0876-FCO40-1086-Development-of-social-welfare-policy-in-Hong-Kong-1979 — Page 34

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

2.

Appendix 1 (cont'd)

(6) A female employee who gives notice under subsection (4) shall, if so required by her employer, produce a medical certificate

(7)

(a) certifying that she is preguant; and

(b) specifying the expected date of her confinement.

A female employee who gives notice under subsection (5) shall, if so required by her employer, produce a medical certificate

(a) certifying that she has been confined; and

(b) specifying the date of her confinement.

(8) A female employee who intends to take any period of maternity leave under subsection (2)(d) shall give notice to that effect to her employer 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 8 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).

Authority 13. (1) A medical certificate for the purposes of subsection (6) or to issue (7) of section 12 shall be issued by

medical certificates.

Cap. 162.

(a) a registered medical practitioner;

or

(b) notwithstanding section 16 of the hidwives 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 section 12(8) shall be issued by a registered medical practitioner.

14. (1) A female employee shall not be entitled to wages in respect of the period of her maternity leave, unless her contract of employ- ment provides otherwise.

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

15. (1)

No employer shall terminate a contract of employment of a female employee under section 6 or 7 during the period from the date on which the female employee gives notice under subsection (4), (5) or (8) of section 12 to the date on which she is due to return to work on expiry of her maternity leave.

(2) An employer who contrevenes 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 un'er section 7; and

Unpaid

maternity leave, but continuity of employment.

Prohibition against termination

of employment.

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