1964_EMPLOYMENT_ORDINANCE — Page 24

1988 Ed.]

Employment

[CAP. 57

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(4) Maternity leave pay under this section shall be paid by an employer on the same day and in the same manner as he would have been required to pay wages to the female employee if she had not taken maternity leave and had continued in his employ.

(5) A female employee who, without the prior permission of her em- ployer, works for another employer during any period of maternity leave under section 12(2)(a) and (c) shall forfeit her entitlement to maternity leave pay during that period of maternity leave.

(6) Where a female employee is entitled to maternity leave pay for the period prior to her confinement, her employer shall only be required under subsection (2) to pay maternity leave pay for such period from the date of commencement of maternity leave to the date of her confinement:

Provided that such maternity leave pay shall not in any case be payable for a period exceeding 4 weeks.

(Replaced, 22 of 1981, s. 4)

Prohibition against termination of employment

15. (1) No employer shall terminate a contract of employment of a female employee under section 6 or 7 during the period from the date-

(a) on which she gives notice under section 12(4) or (8); or

(b) of her confinement where she subsequently gives notice under sec-

tion 12(5),

to the date on which she is due to return to work on the expiry of her maternity leave or the date of cessation of her pregnancy (otherwise than by reason of confinement). (Replaced, 22 of 1981, s. 5. Amended, 55 of 1987, s. 4)

An employer who contravenes subsection (1) shall be liable to pay to the female employee-

(a) the sum which would have been payable if the contract had been

terminated by the employer under section 7;

(b) a further sum equivalent to the amount of wages which would have

accrued to the employee during a period of 7 days; and

(c) where the employee is or would have been entitled to maternity leave pay, maternity leave pay for 10 weeks. (Added, 22 of 1981, s. 5)

(3) In the case of a female employee whose remuneration is calculated by the piece or task the amount of wages which would have accrued to the employee during the period of 7 days referred to in subsection (2)(b) shall be deemed to be-

(a) if the contravention of subsection (1) occurs before the commence- ment of maternity leave, the amount of wages earned by the employee during the equivalent period immediately prior to the breach of the contract; or

(b)

if the contravention of subsection (1) occurs after the commencement of maternity leave, or if for any reason it is impracticable to compute