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Maternity Leave Benefit

  1. #1
    MayMay is offline Registered User
    Join Date
    Jul 2004
    Tsuen Wan

    Post Maternity Leave Benefit

    I intend to work until my expected due date of Jan. 1, 2005. I have been working full time with my current employer for more than 3-years full time now, so I should qualify for the prerequisite of the "40-week" employment requirement. However, I plan to resign from the current job after the baby is born.

    Does anyone know if I am still entitled to PAID maternity leave for 10 weeks at 4/5 of monthly salary whether I return to current job or not after delivery?

    I hope someone can help me clarify this.

  2. #2
    kayla is offline Registered User
    Join Date
    Mar 2004
    hi maymay,

    that would depend on when you actually quit your job. you will still be entitled to paid maternity leave as long as you are employed up to the time of taking maternity leave regardless of whether you return to the job or not.
    You should keep in mind the terms of your contract when you actually do give notice that you resign. i also recommend you to call the labour dept to seek clarification of any other questions you have, they are very user friendly and informative. 2717-1771

  3. #3
    jane01 is offline Registered User
    Join Date
    Nov 2003
    Hong Kong
    I agree with Kayla regarding the date of resignation.

    Regarding working right up to your due date - are you allowed to do this in HK? The reason for asking is that my understanding is that maternity leave has to start from 1 month before your due date. You can consent to work up until 2 weeks before, but your employer can't make you. Once you are within 2 weeks of your due date, I understand you have to be on maternity leave.

    I could be wrong, so perhaps check this with the labour dept as well.

    Personally I wouldn't have wanted to work until my due date. I was huge and uncomfortable ! All I wanted to do was lie on the couch.

  4. #4
    HKFooey is offline Banned
    Join Date
    Aug 2003
    Stanley, Hong Kong
    You definitely have to stop two weeks before your expected due date ie the date certified by your DR.

    I am not sure abour returning to work afterwards tho so I think it would be best to speak to the Labour Department

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