Maternity Leave

S

sallyklc

Registered User
Does anyone know that by HK law:

(i) if a mother is entitled maternity leave if she doesn't plan to return to work?

(ii) if a mother decides not to return to work after the maternity leave, whilst on maternity leave, does she have to pay back any medical or maternity leave pay?

S
 
1) You're entitled to maternity leave, as long as you have not given your notice. "Plan" is another thing. But remember it is not worth burning bridges over a few weeks worth of pay. If you don't plan on returning, the only reason you'd not tell your employer would be to get the pay. If you work for a small business like mine - you're going to create a LOT of problems for the employer. Not worth it...

2) Not sure. Good question and worth emailing the labour department about or calling them on 1823.
 
Check your contract. As far as I know, unless it's written in your contract they can't ask for anything back, but your normal resignation procedures still apply. Ie if you have to give 3 months notice you still have to give them notice at the right time.
 
Your maternity leave is based on your past employment, not the promise of future employment.
If you've worked the minumum amount, you will be legally entitled to your 10 weeks of partially paid leave. What you do after that is your own business so long as you keep to your contract. (So, if you have to give 30 days notice to quit, that still applies).
You do not have to pay anything back so long as you follow the letter of your contract.
That's the legal answer.
The common sense answer is that, out of common decency -- and to keep up good relations in your industry -- you should probably let your boss know if you are not returning.
That does not negate your maternity benefits -- they are still your legal right.
However, it's not a very considerate thing to keep your company holding out for your return -- and probably holding a job / position for you -- and then dumping them at the last minute, when you knew all along you'd be leaving.
Much of this has to do with your relationship with your company.
I've been with my company many years and get along with my boss. Both times we've sat down and had frank discussions on the fact that I wanted extended maternity leave, and that I didn't want to return to very late or long hours with young children at home. So we worked something out honestly.
If I knew I wanted to become a full-time stay-at-home Mom, I'd give him a respectful amount of notice.
 
Thank you for all the kind replies.

Yes, I agree with the above. Just wondering if I haven't made a decision yet what the legal entitlement would be.

Of course, if decided not to return, will give plenty of notice... The question would then be whether I would still be entitled to maternity benefits.

Thank you so much!
 
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