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Repay maternity pay if you don't go back?

  1. #9
    UKlady is offline Registered User
    Join Date
    Aug 2007
    Location
    Hong Kong
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    31
    Hi there,
    I've just had my meeting with HR and can confirm that HK labour law obliges companies to pay maternity pay for 10 weeks at 4/5 and if the lady doesn't go back, they do not have to repay this money. However, this is dependent on the woman having worked at the company for at least 40 weeks on a permanent contract before going on leave. I fall into this category so I'm not sure what happens if you don't. Maybe those cases people have mentioned were for women who weren't on permanent contracts or hadn't been in their jobs very long? Otherwise what their companies did was illegal!

  2. #10
    Portia is offline Registered User
    Join Date
    Oct 2006
    Location
    Hong Kong
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    502
    I agree with Cara - you should check this out very, very carefully. Especially if your employer is likely to insist on their full legal rights.

    The Employment Ordinance (section 6) says that maternity leave shall not be included in the length of notice required to terminate an employment contract. You should make sure that you will not have to pay wages in lieu of notice for quitting if you give notice whilst on maternity leave. You can call the Labour Department for advice.

  3. #11
    madaboutCows is offline Registered User
    Join Date
    Mar 2007
    Location
    Hong Kong
    Posts
    73
    I'm caucasian and went back to the UK to have my first baby. I decided whilst i was there that I wouldn't be returning to my previous employers so contacted my HR to tell them so. I didn't have to repay any of my maternity pay but I had been working for them for 11 years so maybe this made the difference.

    Congratulations on your pregnancy.

  4. #12
    newmumlove is offline Registered User
    Join Date
    Aug 2014
    Posts
    2

    Repay maternity pay?

    Hi all,

    Does anyone have any updates on this topic?
    Would you need to repay the maternity pay if you dont go back to work?

    Thanks :)

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