【法规名称】
【法规编号】 82253 什么是编号？
【正 文】
第9页 CAP 57 EMPLOYMENT ORDINANCE
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[接上页] (8) A female employee who intends to take any period of maternity leave under subsection (2)(c) shall give notice to that effect to her employer and shall, if so required by her employer, produce a medical certificate certifying as to the illness or disability. (Amended 73 of 1997 s. 3) (9) (Repealed 73 of 1997 s. 3) (10) The continuity of employment of a female employee shall not be treated as broken by her taking maternity leave. (Added 22 of 1981 s. 3) (11) For the avoidance of doubt it is declared that maternity leave is, and shall be granted, in addition to annual leave to which a female employee is entitled under this Ordinance and that any rest day or holiday that falls due during maternity leave shall be counted as part of the maternity leave and shall not give rise to any entitlement to an additional or other rest day or holiday or to holiday pay in the case of a female employee who is paid maternity leave pay for that holiday; and where no maternity leave pay is paid to the female employee for that holiday she shall be paid holiday pay for that holiday. (Added 22 of 1981 s. 3. Amended 48 of 1984 s. 7) Cap 57 s 12A Interpretation PART III MATERNITY PROTECTION In this Part, unless the context otherwise requires- "pregnant employee" (怀孕雇员) means a female employee whose pregnancy has been confirmed by a medical certificate. (Added 73 of 1997 s. 2) Cap 57 s 12AA Commencement of maternity leave (1) With the agreement of her employer, a pregnant employee may decide on the date of commencement of her 10 weeks maternity leave, provided that such date is within a period of not less than 2 weeks before, and not more than 4 weeks before, the expected date of confinement. (2) If the employee does not exercise her option to decide on the date of commencement in subsection (1), or if she fails to secure her employer's agreement to her proposed leave schedule, the date of commencement of maternity leave shall be 4 weeks immediately before the expected date of confinement. (Added 73 of 1997 s. 4) Cap 57 s 13 Authority to issue medical certificates (1) A medical certificate for the purposes of section 12(4), (6), (7) or (7A) or 12AA shall be issued by- (a) a registered medical practitioner; or (b) notwithstanding section 16 of the Midwives Registration Ordinance (Cap 162), a midwife registered under section 8, or deemed to be registered under section 25, of that Ordinance.(2) A medical certificate for the purposes of section 12(8) or 15AA shall be issued by a registered medical practitioner. (Amended 73 of 1997 s. 5) Cap 57 s 14 Payment for maternity leave (1) A female employee shall not be entitled to wages in respect of the period of her maternity leave except as provided in this section or as provided in her contract of employment if such contract provides for paid maternity leave on terms better than in this section. (2) An employer shall pay a female employee maternity leave pay for the period of maternity leave taken by her and to which she is entitled under section 12(2)(a) if she- (Amended 73 of 1997 s. 6) (a) has been employed by that employer under a continuous contract for a period of not less than 40 weeks immediately before the date of her commencement of maternity leave as determined under section 12AA; (Amended 5 of 1995 s. 4; 73 of 1997 s. 6) (b) has given notice under section 12(4) or (5); (c) has complied with any requirement by her employer under section 12(6) or (7); and (d) (Repealed 73 of 1997 s. 6)(3) Maternity leave pay payable under this section shall be calculated- (a) in the case of a female employee whose wages are computed by reference to a monthly rate, at four-fifths of her monthly rate of pay; and (b) in any other case, at four-fifths of the average daily wage earned by the female employee, and for the purposes of this paragraph the average daily wage shall be the average of the daily wages earned by the female employee on each day on which she worked during every complete wage period, comprising not less than 28 days and not more than 31 days, immediately preceding or expiring on the commencement of her maternity leave: (Amended 66 of 1995 s. 2) Provided that in a case to which this paragraph applies maternity leave pay shall not be payable in respect of a day on which the female employee would not have worked had she not been on maternity leave. (Replaced 48 of 1984 s. 8)(4) Maternity leave pay under this section shall be paid by an employer on the same day and in the same manner as he would have been required to pay wages to the female employee if she had not taken maternity leave and had continued in his employ. (5) A female employee who, without the prior permission of her employer, works for another employer during any period of maternity leave under section 12(2)(a) shall forfeit her entitlement to maternity leave pay during that period of maternity leave. (Amended 73 of 1997 s. 6) (6) (Repealed 73 of 1997 s. 6) (Replaced 22 of 1981 s. 4) |
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