Maternity Leave Notification (Hong Kong)

A Maternity Leave Notification in Hong Kong communicates a required notification and the action or deadline that follows from it.

Maternity leave entitlements in Hong Kong are governed by Part III of the Employment Ordinance (Cap. 57), which was significantly enhanced with effect from 11 December 2020 when the maternity leave entitlement was extended from 10 weeks to 14 weeks. An employee who has been employed under a continuous contract (meeting the 418 test — 4 weeks of employment at 18 or more hours per week) for at least 40 weeks immediately before the expected week of confinement is entitled to 14 weeks of paid maternity leave. The maternity allowance (payment during maternity leave) for the first 10 weeks is calculated at 4/5 (80%) of the employee's average daily wages over the 12 months immediately preceding the commencement of maternity leave. For weeks 11–14, the allowance is paid at the same rate, with the Government providing a subsidy to employers for the incremental cost through the Maternity Leave Subsidy Scheme, subject to a Government-set cap.

Section 14 of the Employment Ordinance (Cap. 57) specifies the notice requirements: an employee who wishes to take maternity leave commencing before the expected date of confinement must give notice to the employer as soon as practicable after she knows she is pregnant, and in any case not less than 4 weeks before the intended commencement of maternity leave (unless this is not reasonably practicable). The employer is entitled to request a medical certificate from a registered medical practitioner or registered midwife confirming the expected date of confinement.

Section 15 of Cap. 57 provides strong protection against dismissal during the protected period — from the date the employee notifies the employer of her pregnancy until the end of maternity leave. Dismissal during this period (other than for serious misconduct under section 9 of Cap. 57) is unlawful, constitutes a criminal offence, and is void. The employee retains her right to maternity leave and maternity allowance notwithstanding any purported dismissal. The Sex Discrimination Ordinance (Cap. 480) additionally prohibits direct discrimination on the ground of pregnancy and maternity, and the Equal Opportunities Commission (EOC) has jurisdiction over discrimination complaints filed by employees who believe they have been treated less favourably because of their pregnancy.

The Maternity Leave Subsidy Scheme, administered by the Labour Department, provides a government subsidy to reimburse employers for the additional cost of the extended maternity leave (weeks 11–14) beyond the pre-2020 entitlement of 10 weeks. Employers must apply for the subsidy within a prescribed period after the employee completes maternity leave. The notification also records the employee's intended return date.

A Hong Kong Maternity Leave Notification must be given by a pregnant employee to her employer as soon as practicable after she knows she is pregnant and intends to take maternity leave, and in any event not less than 4 weeks before the intended commencement of maternity leave under Part III of the Employment Ordinance (Cap. 57).

An employee who is in the early stages of pregnancy and is planning her maternity leave should give written notice to her employer as early as possible, once she has received confirmation of pregnancy from a registered medical practitioner and has a medical estimate of the expected date of confinement. Early notification is in the employee's interest because it triggers the legal protections against dismissal under section 15 of Cap. 57 and allows the employer to plan for her absence.

An employee whose pregnancy has reached the stage where she wishes to take maternity leave commencing 4 weeks before the expected date of confinement — which is the latest practicable start date for the pre-confinement portion of maternity leave — must give 4 weeks' written notice of the intended commencement date to the employer. The notice should specify the intended commencement date, the expected date of confinement (per the medical certificate), and the expected end date of maternity leave (typically 10 weeks after confinement for the mandatory portion, extendable to 14 weeks total).

An employee whose confinement occurs unexpectedly early — before she has had an opportunity to give the 4 weeks' advance notice — should notify her employer as soon as practicable after the confinement. If the employee is physically unable to give notice herself, another person (family member, partner, or representative) may give the notice on her behalf. In such cases, the '4 weeks prior notice' requirement is not strictly applicable because the early confinement made compliance impracticable.

An employee who wishes to change the intended commencement date of her maternity leave — for example, because her medical condition requires her to commence leave earlier than planned, or because the pregnancy is progressing without complications and she prefers to work closer to the expected date — should give reasonable written notice of the revised date to her employer.

An employer who receives a maternity leave notification should acknowledge receipt in writing and must not take any adverse action against the employee on account of her pregnancy or maternity leave. Adverse action — including demotion, reduction of duties, or any change to the terms and conditions of employment — in response to a maternity leave notification may constitute pregnancy discrimination under the Sex Discrimination Ordinance (Cap. 480).

A Hong Kong Maternity Leave Notification under Part III of the Employment Ordinance (Cap. 57) must include the following key elements to constitute a valid and effective notice triggering the employee's statutory maternity leave rights and protections.

The employee's identification must state the employee's full legal name, employee number or staff reference (if applicable), job title, and department. The notification should be addressed to the employee's direct supervisor or HR department — both are typically appropriate recipients.

The date of the notification must be stated. The date is relevant for establishing: (1) whether the 4-week advance notice requirement is satisfied; and (2) when the legal protections against dismissal under section 15 of Cap. 57 are triggered. The protections against dismissal attach from the date the employer is notified of the pregnancy.

The expected date of confinement must be stated, based on the medical certificate from a registered medical practitioner or registered midwife. The medical certificate should be attached to or enclose the notification. The expected date of confinement establishes the employee's entitlement period and is used to calculate the latest permissible commencement date for pre-confinement maternity leave (not earlier than 4 weeks before the expected date of confinement).

The intended commencement date of maternity leave must be specified. The employee can choose to commence maternity leave at any point from 4 weeks before the expected date of confinement. If the employee wishes to work until the expected date of confinement and commence leave only after confinement, this should also be stated.

The intended return-to-work date (the expected end date of maternity leave) should be stated, calculated as 14 weeks from the expected date of confinement (or the actual date of confinement if known). The employer uses this date for workforce planning purposes.

A request for payment of maternity allowance should be made explicitly in the notification. Under section 14 of Cap. 57, the employer must pay maternity allowance to the employee at the prescribed rate. If the employee wishes the allowance to be paid on specific dates (e.g., on normal payroll dates), this preference should be stated.

The notification should reference the attached medical certificate confirming the expected date of confinement. If the employee has not yet obtained a medical certificate at the time of giving notice, she should note that the certificate will be provided upon request or promptly upon receipt. The employer cannot withhold maternity allowance solely on the basis that the medical certificate has not yet been received if the employee gives it as soon as practicable.

Acknowledgement by Employer: While not legally required, established procedures in Hong Kong workplaces is for the employer to acknowledge receipt of the maternity leave notification in writing, confirming the notified commencement date, the expected return-to-work date, and the maternity allowance payment arrangement. This acknowledgement protects both parties and reduces the risk of later disputes. An employer who takes any adverse action — demotion, salary reduction, removal of responsibilities, or dismissal — in response to a maternity leave notification may face criminal liability under section 15 of Cap. 57 and civil claims for sex discrimination under the Sex Discrimination Ordinance (Cap. 480), with the Equal Opportunities Commission having jurisdiction to investigate and conciliate such complaints. Forms-legal.com also provides the Employment Contract and the Paternity Leave Application templates for thorough Hong Kong employment documentation.