The statutory maternity leave under the Hong Kong Employment Ordinance (Cap 57) has been extended from 10 weeks to 14 weeks with effect from 11 December 2020, and the Government has committed to reimburse employers' payment in respect of the extended period of maternity leave. Please see our December 2020 Legal Update "Enhanced Statutory Maternity Leave Benefits Commence Today in Hong Kong" for details.
The Reimbursement of Maternity Leave Pay Scheme (the Scheme) is now open for applications. Employers can apply for reimbursement of the statutory maternity leave pay paid to employees for the additional 11th to 14th weeks of maternity leave, subject to a cap of HK$80,000 per employee.
The following requirements must be met for an application for reimbursement:
- The employee relevant to the application is entitled to maternity leave and maternity leave pay under the Employment Ordinance;
- The employee has taken her maternity leave and the employer (i.e. the applicant) has paid 14 weeks of maternity leave pay to the employee;
- The employee's confinement occurs on or after 11 December 2020; and
- The additional four weeks' maternity leave pay paid to the employee by the applicant has not been, and will not be, covered or subsidised by other government funding.
More details as to the application method and list of supporting documents required can be found at https://www.rmlps.gov.hk/howtoapply.