Maternity leave question

F

First timer

Registered User
Hi guys
I have a question re the 10 weeks maternity leave from work entitlement. My ten weeks will fall over the Christmas period and I'm wondering does anyone know if I have to include my usual Christmas holidays in this 10 week period or whether I get to add on the days at the end?
 
I think that if your maternity leave falls over a holiday period you don't get to claim those holidays in addition to your maternity leave. For example, my maternity leave fell over Easter holiday and in my work that is a 10-day holiday as well as the May holiday and I was not able to take an additional 10-12 days off in addition to my maternity leave. I just had to forfeit those days. That is my understanding.
 
Agree with thanka2 - the entitlement is to 10 "weeks" leave not 50 days (10 x 5 days) so if you have public holidays in your 10 weeks then you don't get to add those days on the end. I had the same thing with Easter and CNY.
 
Same here. Where does the holiday fall in your maternity leave though? For me, CNY was at the end of it so I changed plans and started my maternity leave a week or so earlier than originally planned so that it ended just before CNY rather than just after it...
 
that's very nice of your company Aquarian....

mine follows the standard labor law so just like other earlier posts, all public holidays that fall within the 10-week maternity are forfeited, and worse is we only get paid 80% of our salary during the 10-week period =(
 
blessed said:
that's very nice of your company Aquarian....

worse is we only get paid 80% of our salary during the 10-week period =(
Click to expand...

Yikes didn't realise that was legal. In my company, we also can't separate and use public holidays that fall within the maternity leave period but we get full pay for that period. However, we must start the maternity leave at least two weeks before the estimated due date which can be a bummer if your baby arrives late... like a waste of precious leave that could have been used when the baby is born. Worked out for me though because my that time I was sick of huffing and puffing to work every day.
 
10 weeks at 80% pay is the legal minimum in HK. In order to get paid leave, there are requirements about having to have worked there for a certain period (40 weeks continuous) which means (unless you are well overdue!) you wouldn't get paid for your maternity leave if you were pregnant when you join them. They still have to give you the leave though - its just unpaid.

More info here generally on maternity entitlements (although doesn't seem to address the OP's original point about public holidays). It does say an employee can start their maternity leave 2-4 weeks before due date. My work requires us to start it no later than 2 weeks before.

http://www.labour.gov.hk/eng/faq/cap57h_whole.htm
 
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