⚠️ This page is for general education and reference only and is not legal advice. Hong Kong employment rights are governed by the Employment Ordinance (Cap. 57) and your individual contract; if in doubt, consult the Labour Department or a professional.
What is statutory maternity leave, and how is pay calculated?
Generally, for confinement on or after 11 December 2020, a female employee is entitled to 14 continuous weeks (98 days) of statutory maternity leave. Whether the leave is paid depends on continuous-contract service of at least 40 weeks immediately before the scheduled commencement of leave, plus the required pregnancy notice and (if the employer requires) a medical certificate of the expected date. Leave length is 14 weeks either way; under 40 weeks with the required notice, leave is generally still available but unpaid.
Daily maternity leave pay = 4/5 of average daily wages (ADW) (ADW over the 12 months before the first day of leave). Pay for the first 10 weeks (70 days) is uncapped; pay for weeks 11–14 (28 days) is capped at HK$80,000 per employee. Employers pay all 14 weeks on normal pay days and may claim reimbursement of weeks 11–14 under the Reimbursement of Maternity Leave Pay Scheme (rmlps.gov.hk). Work out ADW with the ADW calculator; sickness allowance also uses 4/5 ADW — see the sick leave calculator. For fathers, see the paternity leave calculator.
Commencement: with the employer's agreement the employee may start 2–4 weeks before the expected date of confinement; if she makes no request or no agreement is reached, leave generally starts 4 weeks before the expected date. If birth happens before the scheduled start, leave starts on the actual birth date (notify the employer within 7 days). When you enter an expected date, this tool estimates start as EDC minus the chosen weeks × 7 days, and end as start + 97 days (98 days inclusive) — display only. Extra entitlements (e.g. later actual birth date; up to 4 extra weeks for pregnancy-related illness) exist but are not calculated here.
Worked example
With ADW HK$800: daily rate = 800 × 4/5 = HK$640; first 10 weeks = 640 × 70 = HK$44,800; weeks 11–14 (uncapped) = 640 × 28 = HK$17,920; total = HK$62,720. Set ADW to 800 in the tool to reproduce this.
With ADW HK$4,000: daily = 3,200; first 10 weeks = 224,000; weeks 11–14 uncapped = 3,200 × 28 = HK$89,600, capped at HK$80,000; total maternity leave pay = HK$304,000. The tool flags when the cap applies.
Eligibility and conditions
Generally, paid maternity leave requires: (1) ≥40 weeks under a continuous contract immediately before the scheduled commencement; (2) notice of pregnancy and intention to take leave; (3) a medical certificate of the expected date if the employer requires it. Under 40 weeks with notice: still 14 weeks leave, generally unpaid. Dismissing a pregnant employee who has served notice of pregnancy is generally prohibited and prosecutable. You may also use the leave calculator or annual leave calculator for other EO leave entitlements.
Sources
- Labour Department Concise Guide ch.6 (maternity leave):ConciseGuide/06.pdf
- Labour Department FAQ (maternity):labour.gov.hk FAQ
- Employment Ordinance (Cap. 57):elegislation.gov.hk
FAQ
How many weeks of maternity leave are there in Hong Kong?
Generally, for confinement on or after 11 December 2020, statutory maternity leave is 14 continuous weeks (98 days). Leave length is 14 weeks whether or not pay applies; under 40 weeks continuous contract with the required notice, leave is generally still available but unpaid.
How is maternity leave pay calculated — 4/5 or full pay?
Paid maternity leave is four-fifths (4/5) of average daily wages (ADW), not full pay. The first 10 weeks are uncapped; weeks 11–14 are capped at HK$80,000 per employee in total. Employers pay all 14 weeks and may claim reimbursement of weeks 11–14 from the government.
When does maternity leave start?
With the employer's agreement the employee may start 2–4 weeks before the expected date of confinement; if she makes no request or no agreement is reached, leave generally starts 4 weeks before the expected date. If birth happens before the scheduled start, leave starts on the actual birth date (notify the employer within 7 days).
Do I get maternity leave if I have under 40 weeks' service?
Yes for the leave itself. The 40-week rule mainly gates pay: ≥40 weeks continuous contract immediately before the scheduled commencement (plus notice and, if required, a medical certificate) is generally needed for paid leave. Under 40 weeks with notice: still 14 weeks, generally unpaid.
How does the weeks 11–14 cap work?
Weeks 11–14 (28 days) at ADW×4/5 are capped at HK$80,000 per employee; the first 10 weeks are not. Example: ADW $4,000 → uncapped weeks 11–14 = $89,600 → capped at $80,000.
Can I rely on this calculator legally?
No. It is for general estimation and education only, not legal advice. Rely on Concise Guide ch.6, the maternity FAQ and Cap. 57.