Maternity Leave - Rant

S

sau yi mum

New member
I've finally managed to get through to the labour department and now I'm so angry I just have to rant to someone, anyone about it.

I, very carefully over the past year, saved up my annual PAID leave so I could tack an extra 2 weeks onto the end of my paid maternity leave. This was all done in consultation with my employer. Now at the end of my 10 weeks maternity leave, I find out that because I gave birth after my due date, I am Forced to take the 2 weeks as UNPAID leave.

I am so p***ed this has totally wrecked all my budgeting as I was expecting to return to normal pay. Add to this I'm going to lose that annual leave because my contract ends shortly after.

What kind of government financially punishes a woman for giving birth later than expected. Surely this should be optional?
 
Are you saying that because you gave birth later, (say, 2 weeks later) than your due date, you took the 1 month before the EDD, then the 10 weeks after the birth but there was an uncovered period of 2 weeks and they are saying that was your paid vacation time?

Also, I think if you have unused vacation time at the end of a contract, they are supposed to cash you out for it. But then again, that is for at will employment; perhaps your contract doesn't cover this. I might take this up with your employer as they would have the discretion to at least compensate you for your unpaid vacation time.
 
I took 2 weeks before my EDC, son was born 2 weeks late so after the first 10 weeks of maternity leave (6 weeks after the birth) I have to take 13 days of unpaid leave and the annual leave I had previously booked gets cancelled.

should be able to sort something out with my employer about the remaining leave.

Was just angry but I shouln't really expect anything else from the HK labour dept
 
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The law sounds very harsh - you would think that it would extend to giving maternity leave pay (4/5 of normal wages) for the additional 2 weeks due to a later than expected confinement.
Hopefully you can renegotiate with your employer so as not to lose the 2 weeks. After all, they should have understood how the rules worked and explained to you that this could happen if you gave birth after the due date.
 
I'm not sure I understand...surely you will get paid for your unused annual leave when your contract ends? Won't the net effect be the same?

At my company, you can opt to use your annual leave to cover the days between the EDD and the acutal date of birth or you can take it unpaid as provided under the Employment Ordinance.
 
I can get it paid out but its a lower rate than if I took the holidays or if I was working for those days. Just the way it goes. Not dire staits anyway.
 
I don't get it... What difference does it make delivering the baby before the EDD, on the EDD or after?.. I thought it was 10 weeks for maternity leave, from the date it starts...

I am planning to start my maternity leave 2 weeks before my EDD, then take my remaining paid leave, and the non-paid leave till end of this year..... Would delivering after my EDD change anything at all?
 
No, delivering after you EDD will not change anything regarding your maternity leave. The only thing that is upleasant with this situation is that you get to spend less time with your newborn.

I don't get it either why the annual leave was scrapped in the end? This is not the fault of the government, in my opinion.
 
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