Appendix 11

 

Grant of Maternity leave

 

(A)    For Teachers

 

1.       Female teachers who have completed 40 weeks of resident service prior to the commencement of maternity leave may be granted 10 weeks full-pay maternity leave.  There is no limitation on the number of surviving children that a female teacher may have in order to be qualified for maternity leave pay.

 

2.       Female teachers employed under a continuous contract but with less than 40 weeks of resident service may be granted maternity leave without pay.  The calculation of leave entitlement for part-time monthly-paid teachers should be the same as the full-time monthly-paid teachers.

 

3.     Maternity leave shall be the aggregate of-

 

(a)           a continuous period of 10 weeks from and inclusive of –

 

(i)            the date of commencement of maternity leave as determined under section 12AA of the Employment Ordinance (see below); or

 

(ii)     the actual date of confinement, if confinement occurs before the date of commencement mentioned in subparagraph(i);

 

(b)      a further period equal to the number of days, if any, beginning on the day after the expected date of confinement up to and including the actual date of confinement; such further period of leave is to be taken immediately following the period of leave under paragraph (a); and

 

(c)     a further period, not exceeding 4 weeks, on grounds of illness or disability arising out of pregnancy or confinement.

 

Under section 12AA of the Employment Ordinance, a pregnant employee may, with the agreement of the employer, 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. If the employee does not exercise her option to decide on the date of commencement, 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. The entitlement to pay is, however, limited to the period of 10 weeks. An accurate record of any maternity leave granted shall be kept by the school.

 

4.       When more absence is recommended by a registered medical practitioner or a registered Chinese medicine practitioner, additional maternity leave may be granted as no-pay leave to bring the total absence up to 6 months. Further leave without pay on the same terms may be granted. (updated on 29 January 2007)

 

5.       The following categories of female teachers will also be eligible for full pay for any part of the maternity leave which falls within a major school holiday, i.e., Christmas, Chinese New Year, Easter and Summer Vacation –

 

(a)           Female teachers whose maternity leave exceeds 10 weeks as provided in paragraph 3(a) and the excess portion of maternity leave as provided in paragraph 3(b) and/or 3(c) falls wholly or partly within a major school holiday; and

 

(b)          Female teachers who are employed under a continuous contract but have less than 40 weeks’ resident service to qualify for full pay maternity leave and whose maternity leave as provided in paragraph 3 falls wholly or partly within a major school holiday.

 

6.     Maternity leave is not counted as sick leave.

 

7.     A female teacher is not entitled to maternity leave whilst absent from duty for other reasons.

 

8.      A female teacher has to serve notice of pregnancy and of her intention to take maternity leave to her employer after her pregnancy has been confirmed by a valid medical certificate issued by a registered medical practitioner, a registered midwife or a registered Chinese medicine practitioner (except for the certificate of the actual date of confinement).  If required by the employer, the female teacher has to produce a medical certificate which specifies the expected date of confinement for the 10 weeks of maternity leave under subparagraph 3(a)(i) or a medical certificate which specifies the date of confinement for the 10 weeks of maternity leave under subparagraph 3(a)(ii). A female staff who may take any period of maternity leave under paragraph 3(b) shall, if so required by her employer, produce a medical certificate specifying the date of confinement. (updated on 29 January 2007)

 

9.       A pregnant female teacher may, on producing a medical certificate issued by a registered medical practitioner or a registered Chinese medicine practitioner with an opinion as to her unfitness to handle heavy materials, work in places where gas injurious to pregnancy is generated, or do other work injurious to pregnancy as specified in the medical certificate, request her employer to refrain from giving her such work during her pregnancy period. (updated on 29 January 2007)

 

(B)    For Educational Psychologists

 

Female educational psychologists shall enjoy such benefits as female teachers with regard to maternity leave. (updated on 1 November 2012)