An amendment ordinance to extend the maternity leave under the Employment Ordinance from 10 weeks to 14 weeks is gazetted today.

According to the Employment (Amendment) Ordinance 2020, an employee, if so entitled, should take the additional four weeks of maternity leave continuously after her 10 weeks' maternity leave.

The current statutory rate of maternity leave pay, which is four-fifths of the employee's average daily wages, will be maintained for calculating the additional maternity leave pay in respect of the extension of the maternity leave, subject to a cap of $80,000 per employee.

The amendment ordinance also updates the definition of "miscarriage" under the Employment Ordinance from "before 28 weeks of pregnancy" to "before 24 weeks of pregnancy" to entitle a female employee whose child is incapable of survival after being born at or after 24 weeks of pregnancy to the maternity leave if other conditions are met.

Another amendment accepts a certificate of attendance issued by professionally trained people as documentary proof for entitling an eligible employee to sickness allowance for any day on which the employee has attended a medical examination in relation to her pregnancy.

The amendment ordinance will come into operation on a day to be appointed by the Secretary for Labour & Welfare by notice published in the gazette.

The Government said it hopes to implement the amendment ordinance towards the end of this year and will also consult the Labour Advisory Board.

After the amendment, employers may apply to the Government for full reimbursement for the amount of additional maternity leave pay that is required to be paid and has been paid under the amendment ordinance, which will be done by way of an administrative scheme.

The Government will announce the details in due course.