1964_EMPLOYMENT_ORDINANCE — Page 21

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CAP. 57]

Employment

[1988 Ed.

(4) Where the contract of employment of an employee to whom subsection (1)(b) applies is terminated after the expiry of the payment period but before the end of year payment becomes due on the day specified in the contract, the proportion of the end of year payment payable under subsection (1) shall, notwithstanding that a day is so specified, become due to the employee-

(a) on the day on which the contract of employment terminates; or

(b) in the case of a proportion of an end of year payment that falls to be calculated by reference to any profits of the employer, on the day on which the profits of the employer are ascertained,

and shall be paid as soon as is practicable but in any case not later than 7 days after that day.

(Part IIA added, 48 of 1984, s. 6)

PART III

MATERNITY PROTECTION

Maternity leave

12. (1) A female employee who has 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 this Part.

(2) Maternity leave shall be the aggregate of

(a) a period of 4 weeks immediately before the expected date of confinement;

(b) a further period, if any, from the expected date of confinement to the actual date of confinement;

(c) a period of 6 weeks immediately after the actual date of confinement;

and

(d) a further period, not exceeding 4 weeks, on grounds of illness or disability arising out of the pregnancy or confinement.

(3) The period of maternity leave under subsection (2)(d) may be taken-

(a) wholly immediately before the period mentioned in subsection (2)(a);

(b) wholly immediately after the period mentioned in subsection (2)(c); or

(c) in part immediately before the period mentioned in subsection (2)(a) and in part immediately after the period mentioned in subsection (2)(c).

(4) A female employee who intends to take any period of maternity leave under subsection (2)(a), (b) and (c) shall give notice to that effect to her employer at any time after her pregnancy has been certified as provided in this section and such notice shall specify-

(Amended, 22 of 1981, s. 3 and 55 of 1987, s. 3)