TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 31

Article 3

(a)

has

Under section 12(1) of the Employment Ordinance, a female employee who been employed by the same employer under a continuous contract for a period of not less than 26 weeks shall be entitled to maternity leave. Under section 12(2)(c), maternity leave shall include a period of six weeks immediately after the actual date of confinement.

Under Civil Service Regulation 1297(1), maternity leave covering a total absence from duty of up to ten weeks in the first instance may be granted by a Head of Department to any woman officer. The amount granted after confinement will be based on the recommendation of a Government or Hospital. Authority medical officer or a private medical practitioner. In no case is an officer permitted to resume duty in the four weeks following confinement. Although there is no provision

provision which specifically disallows a woman officer from resuming duty after the fourth week following confinement, an officer may be permitted to resume duty in the fifth or sixth week following her confinement only if she can produce a medical certificate stating that she is fit to do So.

Civil Service Regulations 1297 (2) and (3) provide that of the total absence of ten weeks, not more than six weeks should be granted after confinement.

(b)

Under section 12 (4) of the Employment Ordinance, a female employee who intends to take any period of maternity leave under the ordinance shall give notice to that effect to her employer at any time after her pregnancy has been certified.. If so required by the employer, a medical certificate must be produced. Under section 12(2), maternity leave shall include a period of four weeks immediately before the expected date of confinement (section 12(2)(a)); a further period, if any, from the expected date of confinement to the actual date of confinement (section 12(2)(b)); and also a further period not exceeding four weeks, on grounds of illness or disability arising out of pregnancy or confinement (section 12(2)(d)). This further period of four weeks may, under section 12(3), be taken wholly or in part immediately before the four weeks' ante-natal leave or immediately after the six weeks' post-natal leave provided under section 12(2)(c). A female employee who intends to take this further period of leave shall give notice to the employer and shall, if required by the latter, produce a medical certificate certifying the illness or disability. Therefore, a female employee has the right, under the Employment Ordinance, to leave her work four to eight weeks before the expected date of confinement.

Under Civil Service Regulations 1297(1) to (5), maternity leave covering a total absence from duty of up to ten weeks in the first instance may be granted by a Head of Department to any woman officer. The amount of leave granted both before the estimated date of confinement and after confinement will be based on the recommendation of a Government or Hospital Authority medical officer or a private medical practitioner. Of these ten weeks, not more than six weeks should normally be granted after confinement. There is no restriction on a woman officer commencing her maternity leave, on the recommendation of a medical practitioner, within six weeks of her estimated date of confinement.

B