TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 29

1

Article 3(c)

(i)

(ii)

maternity leave pay outside the civil service is provided, under the

the Employment Ordinance, by an employer for a female employee for the

periods of four weeks before the expected date of confinement and six weeks after confinement if she :

(a)

has been employed by that employer under a continuous. contract for a period of not less than 40 weeks before. the expected date of her commencement of maternity 'leave;

(b) has

has no

children or no more than two children born to her at the time she gives notice of her intention to take maternity leave and has produced to her employer a statutory declaration to that effect; and

(c) has given notice as required under the Employment Ordinance and produced medical certificates as required by the employer under the ordinance.

in the

the civil service, a female officer who has completed 40 weeks of resident service and who

who has less than three surviving children is granted full pay during maternity leave to cover a total absence from duty of up to ten weeks.

Article 3(d)

!

Article 4

There is no provision for a woman to nurse her child during working hours.

There is no provision under

under Civil Service Regulations prohibiting the dismissal of a woman officer during her absence on account of maternity leave or illness medically certified to arise out of pregnancy or confinement although in practice no woman officer has ever been dismissed in such circumstance.

*

This is a full report by the Government of Hong Kong. It supersedes all previous reports on the application of this convention.

QUESTION I

Subject to the modifications registered with the ILO, the provisions of this convention are applied to Hong Kong by

(a) (b)

-

the Employment Ordinance (Chapter 57); and the Civil Service Regulations.