Reimbursement of Maternity Leave Pay Scheme
(RMLP Scheme)

Additional four weeks’ statutory maternity leave (ML)

The Employment (Amendment) Ordinance 2020 (Amendment Ordinance) takes effect on 11 December 2020. The Amendment Ordinance increases ML under the Employment Ordinance (EO) (Cap. 57) by four weeks, which should be taken by the employee continuously after the 10 weeks’ ML, if so entitled. The current rate of statutory maternity leave pay (MLP) (i.e. four-fifths of the employee’s average daily wages) is maintained for calculating the additional statutory MLP in respect of the extension of ML, subject to a cap of $80,000 per employee.

Eligible employees whose confinement occurs on or after 11 December 2020 are entitled to the 14 weeks’ statutory ML.

Seeking reimbursement of the additional four weeks’ statutory MLP

Employers, after payment of 14 weeks’ MLP on the normal pay day, may apply for reimbursement of the 11th to 14th weeks’ MLP payable and paid under EO, subject to a cap of $80,000 per employee.

The Labour Department is working at full steam on the preparatory work for implementing the RMLP Scheme (including a one-stop online portal to facilitate electronic submission of applications by employers), with a view to implementing the RMLP Scheme as soon as practicable in the first half of 2021. Further information on submission of applications by employers will be provided soon.

Employers wishing to apply for reimbursement are required to keep relevant employment records and other related documentsNote of pregnant employees for subsequent submission of applications, including:

  • employers’ payment records of the 14 weeks’ statutory MLP (e.g. salary slips, bank transaction records, etc.);
  • wage records of the 12 months preceding the commencement of ML of pregnant employees; and
  • pregnancy proof provided by employees to employers (e.g. medical certificates specifying the expected dates of confinement, medical certificates or certificates of attendance for medical examinations in relation to pregnancy, etc.).

Note: These documents are required to be kept by employers or to be provided by pregnant employees to employers under EO.

Labour Department
December 2020