1964_EMPLOYMENT_ORDINANCE — Page 22

1988 Ed.]

Employment

[CAP. 57

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(a) the expected date of her confinement; and

(b) the date on which the maternity leave is to commence.

(4A) A female employee who has given notice under subsection (4) shall, if her pregnancy ceases otherwise than by reason of confinement, give notice of such cessation of pregnancy to her employer as soon as is reasonably prac- ticable. (Added, 55 of 1987, s. 3)

(5) If her confinement takes place

(a) before notice under subsection (4) is given; or

(b) after notice under subsection (4) is given but before the commence-

ment of the period of maternity leave under subsection (2)(a),

the female employee shall, within 7 days of her confinement, give notice to her employer of the date on which she was confined and of her intention to take any period of maternity leave under subsection (2)(c).

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

(a) certifying that she is pregnant; and

(b) specifying the expected date of her confinement.

(7) 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).

(10) The continuity of employment of a female employee shall not be treated as broken by her taking maternity leave. ( Added, 22 of 1981, s. 3)

(11) For the avoidance of doubt it is declared that maternity leave is, and shall be granted, in addition to annual leave to which a female employee is entitled under this Ordinance and that any rest day or holiday that falls due during maternity leave shall be counted as part of the maternity leave and shall not give rise to any entitlement to an additional or other rest day or holiday or to holiday pay in the case of a female employee who is paid maternity leave pay for that holiday; and where no maternity leave pay is paid to the female employee for that holiday she shall be paid holiday pay for that holiday. (Added, 22 of 1981, s. 3. Amended, 48 of 1984, s. 7)