TNAG-1061-FCO40-1311-The-Kowloon-Canton-Railway-1981 — Page 65

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Ord. No. 22/81

Addition of

new sections 15A, 15B

and 15C.

Amendment of

section 33.

EMPLOYMENT (AMENDMENT) (NO. 2)

to the date on which she is due to return to work on the expiry of her maternity leave.";

(b) in subsection (2)—

(i) in paragraph (a), by deleting "and";

(ii) by deleting the full stop at the end of paragraph (b) and substituting the following-

"; and"; and

(iii) by inserting after paragraph (b) the following-

"(c) where the employee is or would have been entitled to maternity leave pay, maternity leave pay for 10 weeks."; and

(c) by inserting after subsection (3) the following-

6.

"(4) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.".

The principal Ordinance is amended by adding after section 15 the following---

"Offences.

Records.

Restriction on pay in

lieu of

maternity leave.

7.

15A. (1) Any employer who fails to

(a) grant maternity leave;

(b)

pay maternity leave pay; or

(c) pay sickness allowance under section 33(3C), shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

(2) Any female employee who gives false information in a statutory declaration produced under section 14 shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

15B. Every employer who employs females shall maintain, in a form specified by the Commissioner, a record of maternity leave taken by and maternity leave pay paid to his female employees.

15C. Save as provided in section 15(2), no payment of maternity leave pay or other sum may be made in lieu of the grant of maternity leave.".

Section 33 of the principal Ordinance is amended—

(a) in subsection (3) by deleting "An employee" and substituting the

following-

"Subject to subsection (3C), an employee"; and

(b) by inserting after subsection (3) the following-

"(3A) Where a female employee who is pregnant or who has given birth to a child and who is required to attend a medical examination in relation to her pregnancy or post confinement medical treatment, any day on which she is absent from work for such examination or treatment shall be a sickness day.

(3B) Where a female employee suffers a miscarriage, any day on which she is absent from work by reason of such miscarriage shall be a sickness day.

8.

EMPLOYMENT (AMENDMENT) (NO. 2)

Ord. No. 22/81

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(3C) A female employee who has an entitlement to a sickness allowance under this section shall, notwithstanding subsection (3), be paid sickness allowance for every sickness day under subsection (3A) or (3B), and subsections (4), (5), (6) and (7) shall apply to any such sickness day and sickness allowance in respect thereof.".

Section 41A(6) of the principal Ordinance is amended by deleting Amendment of "and holidays" and substituting the following-

9.

1

" holidays and maternity leave”.

Section 42 of the principal Ordinance is amended by-

(a) inserting after "annual leave" where it first occurs the following-

", maternity leaves"; and

(b) inserting after "annual leave pay" the following--

maternity leave pay”.

section 41A.

Amendment of section 42.

10. Section 43 of the principal Ordinance is amended by inserting Amendment of after "annual leave pay" the following-

66

maternity leave pay”.

Passed by the Hong Kong Legislative Council this 29th day of

April 1981.

LORNA LEUNG,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LORNA LEUNG,

Clerk to the Legislative Council.

section 43.