Hong Kong employees who have worked for the same employer for at least 40 weeks are entitled to 14 weeks of maternity leave. 11 of those weeks are paid at 4/5 (80%) of the employee's average daily wages. The remaining 3 weeks are unpaid under the statutory minimum, though many employers provide full pay contractually.
This guide covers the maternity leave entitlements under the Employment Ordinance (Cap. 57), eligibility requirements, pay calculation, notification rules, dismissal protection, and employer obligations.
For the full employment compliance framework for Hong Kong companies, see our guide to annual requirements for a Hong Kong company. For information on other statutory termination payments, see our long service payment guide.
Last reviewed April 2026. Employment law changes frequently: always confirm current requirements with a qualified HR advisor or employment lawyer.
Highlights of this article
- Employees with 40+ weeks of continuous service are entitled to 14 weeks maternity leave. 11 weeks are paid at 4/5 (80%) of average daily wages. 3 weeks are unpaid under the statutory minimum.
- The 14-week entitlement has applied since 11 February 2020, increased from 10 weeks. The additional 4 weeks above the original statutory minimum are paid at full pay for the first 11 weeks and unpaid for the last 3 weeks.
- Maternity protection: an employer cannot dismiss a pregnant employee from the time of notification of pregnancy through to the end of maternity leave. Dismissal during this period without valid cause entitles the employee to a deemed maternity leave and statutory compensation.
- Notification: the employee must notify the employer in writing of pregnancy and the expected date of confinement, ideally at least 3 months before the expected date.
- Paternity leave: employees who are fathers are entitled to 10 days of paternity leave at 4/5 wages (effective 1 January 2023 for qualifying births).
Legal basis: the Employment Ordinance
Maternity leave in Hong Kong is governed by Part VII of the Employment Ordinance (Cap. 57). The Ordinance sets the statutory minimum entitlement. Employers may provide more generous terms contractually, but cannot provide less than the statutory minimum.
Key sections:
- Section 12: Maternity leave entitlement
- Section 13: Maternity pay calculation
- Section 14: Notification requirements
- Section 15: Dismissal protection
The Employment Ordinance applies to all employees in Hong Kong except those specifically excluded (civil servants covered under separate ordinances, certain part-time employees with fewer than 18 hours/week of work). For the full obligations that come with running a Hong Kong company, see our guide to how to register a company in Hong Kong.
Eligibility requirements
To qualify for statutory maternity leave and maternity pay, an employee must meet all 3 of the following:
| Requirement | Detail |
|---|---|
| 40 weeks of continuous service | With the same employer before the commencement of maternity leave |
| Employment must be active | The employee must be employed at the time the leave commences |
| Proper notification | Written notice of pregnancy provided to the employer |
What "40 weeks of continuous service" means. Continuous service is defined under the Employment Ordinance. Short breaks in employment (maternity leave itself, sickness leave under the Ordinance, public holidays, rest days) do not break continuity. Dismissal followed by re-employment typically resets the clock unless the parties agree otherwise.
Employees with fewer than 40 weeks of service. An employee who has not yet completed 40 weeks of continuous service is not entitled to paid maternity leave under the Ordinance. They may still be entitled to unpaid leave during pregnancy, and the employer's dismissal protection obligations still apply from the moment of pregnancy notification.
Maternity leave entitlement: how it works
An eligible employee is entitled to a total of 14 weeks of maternity leave:
| Period | Duration | Pay |
|---|---|---|
| Pre-confinement leave | Up to 4 weeks before the expected date of confinement | Paid at 4/5 wages |
| Post-confinement leave | At least 10 weeks after confinement | Paid at 4/5 wages (first portion) |
| Total statutory minimum | 14 weeks | 11 paid (4/5 wages) + 3 unpaid |
The employee decides when to start the leave, subject to a maximum of 4 weeks before the expected confinement date. If the actual confinement date is earlier than expected, the leave runs from the actual date.
Extended leave for complications. If the employee suffers illness or disability arising from pregnancy or confinement and is certified by a registered medical practitioner, the employer must grant additional sick leave in accordance with the paid sickness days the employee has accumulated. This is in addition to the 14-week statutory maternity leave.
Miscarriage. If the pregnancy results in miscarriage after 24 weeks of pregnancy, the employee is entitled to a minimum of 7 days paid maternity leave from the date of the miscarriage.
Maternity pay calculation
Paid maternity leave is calculated at 4/5 (80%) of the employee's average daily wages, computed over the 12-month period immediately before the commencement of maternity leave. If the employee has been employed for less than 12 months, the average is calculated over the actual period of employment.
Formula:
Average daily wages = Total wages earned in preceding 12 months ÷ Total days worked
Maternity pay per day = Average daily wages × 4/5
Total maternity pay = Maternity pay per day × 77 days (11 weeks × 7 days)
What counts as "wages" for calculation purposes. The Employment Ordinance defines wages to include:
- Basic salary or hourly pay
- Shift differentials
- Commission (if paid for 3+ consecutive months before the leave)
- Allowances paid as remuneration for work done
Not counted: discretionary bonuses, expenses reimbursements, employer MPF contributions, value of accommodation or meals.
When maternity pay is paid. If the employee provides 3 months' advance notice, the employer must pay maternity pay within 1 month of the start of maternity leave. Otherwise, it is paid at the end of each month as normal wages.
Additional pay under contract. Many employers pay full wages (100%) during maternity leave under their employment contracts. The statutory minimum is 4/5 (80%) for the first 11 weeks. Any contractual improvement above this minimum must be honoured.
Notification requirements
The Employment Ordinance requires the employee to notify the employer of the pregnancy and intended maternity leave in writing. The notification requirements are:
- Pregnancy notification: The employee must provide a notice of pregnancy to the employer as soon as reasonably practicable.
- Expected confinement date: The employer may require the employee to produce a medical certificate stating the expected date of confinement.
- Advance notice of leave: The employee should provide at least 3 months' notice before the intended commencement of maternity leave where practicable. If 3 months' notice is not given, the employee is still entitled to maternity leave, but the timing of maternity pay may be affected.
If the employee fails to notify the employer of the pregnancy before taking leave, the employer is not required to pay the 11 weeks of maternity pay unless the employer was already aware of the pregnancy.
Dismissal protection during pregnancy and maternity leave
The Employment Ordinance provides strong dismissal protection for pregnant employees.
Protected period. An employer cannot dismiss a pregnant employee from the time:
- The employee has confirmed pregnancy to the employer, until
- The end of the maternity leave period
Exceptions. Dismissal during the protected period is only permitted if the employer can establish:
- Summary dismissal on grounds of serious misconduct (not connected to the pregnancy)
If an employee is dismissed during the protected period without meeting these conditions:
- The employer must pay the statutory maternity leave pay in full (all 11 paid weeks) even if the employment is terminated
- The dismissed employee may be entitled to further statutory compensation
Retrenchment. If a company undergoes genuine redundancy during a protected period, the retrenchment must not be linked to the pregnancy. The burden of proof is on the employer to demonstrate the dismissal reason is unconnected to the pregnancy.
Employer obligations: summary
| Obligation | Detail |
|---|---|
| Grant 14 weeks leave | Mandatory for eligible employees |
| Pay 4/5 wages for 11 weeks | Based on average daily wages over preceding 12 months |
| Allow additional sick leave | If pregnancy-related illness certified by doctor |
| Protect from dismissal | From pregnancy notification through end of maternity leave |
| Pay even if dismissed (unlawful) | Full 11-week maternity pay still due if dismissal is unlawful |
| Record keeping | Maintain records of maternity leave taken, dates, and payments |
Employers who fail to honour maternity leave entitlements commit an offence under the Employment Ordinance. Fines of up to HKD 50,000 per breach apply. The Labour Department enforces these obligations.
Paternity leave in Hong Kong
Paternity leave is a separate entitlement for male employees. From 1 January 2023, eligible male employees are entitled to 10 days of paternity leave at 4/5 wages.
| Requirement | Detail |
|---|---|
| Minimum service | 40 weeks of continuous service with the same employer |
| Timing | Must be taken within 4 weeks of the birth |
| Pay | 4/5 (80%) of average daily wages, calculated on same basis as maternity pay |
| Notification | Must notify employer at least 3 months before the expected birth date |
Before 1 January 2023, paternity leave was 5 days. The increase to 10 days applies to eligible births occurring on or after 1 January 2023.
Paternity leave and maternity leave are separate entitlements. Both parents may take their respective leave in connection with the same birth.
Shared parental leave: current position
Hong Kong does not currently have a statutory shared parental leave scheme. There is no mechanism for a father to take part of the mother's maternity leave, or vice versa. Each entitlement is individual.
Some employers offer enhanced parental leave policies contractually, but there is no legal obligation to do so.
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