Maternity leave in Hong Kong provides 14 weeks of paid leave at 80% of the employee’s average daily wages, under Part IVA of the Employment Ordinance (Cap. 57). The entitlement is one of the longest in the APAC region for government-mandated paid leave, and it applies to all employees regardless of length of service or contract type. The employer funds the maternity leave pay, subject to a government reimbursement scheme that caps the employer’s cost.
This guide covers the Hong Kong maternity leave system in 2026: the 14-week entitlement, eligibility requirements, the reimbursement scheme, employer obligations, and the interaction with other leave types.
Key takeaways
- Hong Kong provides 14 weeks of maternity leave at 80% of average daily wages.
- The entitlement applies to all employees regardless of length of service, contract type, or working hours.
- The employer pays the maternity leave pay, subject to a government reimbursement scheme that caps the employer’s liability at 36 weeks of statutory severance pay.
- The employee must notify the employer at least 3 months before the expected date of confinement (or as soon as practicable).
- The leave must be taken in a single continuous period, starting no earlier than 4 weeks before the expected date of confinement.
The 14-week maternity leave entitlement
The Employment Ordinance, Part IVA provides:
- Duration: 14 consecutive weeks of maternity leave.
- Payment: 80% of the employee’s average daily wages, calculated over the 12-month period before the leave starts.
- Start date: The leave can begin no earlier than 4 weeks before the expected date of confinement and must start at least 4 weeks before the expected date.
- End date: The leave ends 14 consecutive weeks after it begins.
The leave must be taken as a single continuous period — it cannot be split into non-consecutive blocks. If the employee’s actual date of confinement falls earlier than expected, the leave adjusts accordingly.
What “average daily wages” means
The maternity leave pay is calculated based on the employee’s average daily wages over the 12-month period preceding the leave. This includes:
- Base salary
- Commissions
- Bonuses (if regular and contractual)
- Allowances paid regularly
- Holiday pay
It excludes irregular payments such as one-off commissions or retrospective salary adjustments.
Eligibility
The maternity leave entitlement applies to all female employees in Hong Kong, regardless of:
- Length of service (no minimum period required).
- Employment type (full-time, part-time, or contract).
- Working hours (no minimum hours threshold).
- Immigration status (the employee must be lawfully employed in Hong Kong).
This broad eligibility is notable — many countries require a minimum service period for maternity leave, but Hong Kong does not. Even an employee who starts work the day before taking maternity leave is entitled to the full 14 weeks.
The employer reimbursement scheme
The maternity leave pay is paid by the employer, but the government provides a reimbursement scheme to offset the cost. Under the Statutory Holidays and Maternity/Paternity Leave Synergy Fund:
- The government reimburses the employer for maternity leave pay.
- The reimbursement is capped at 36 weeks of statutory severance pay calculated on the employee’s wages.
- The employer must apply for the reimbursement through the Labour Department.
In practice, the reimbursement means the employer’s net cost is significantly reduced. However, the employer must have sufficient cash flow to pay the maternity leave pay upfront and wait for the reimbursement.
How the reimbursement works
- The employer pays the employee’s maternity leave pay at 80% of average daily wages.
- The employer applies for reimbursement from the government, providing proof of payment.
- The government reimburses the employer up to the statutory cap.
- The employer retains any amount above the cap as a cost.
Employer obligations
Hong Kong employers must comply with several requirements:
- Pay maternity leave: The employer must pay 80% of the employee’s average daily wages for the full 14-week period.
- Do not dismiss: The employer cannot dismiss the employee during the maternity leave period. Dismissal during maternity leave is presumed to be discriminatory unless the employer can prove otherwise.
- Maintain benefits: The employee’s terms and conditions of employment (including benefits such as health insurance and contributions to provident fund schemes) continue during the leave.
- Notification: The employer must provide the employee with information about their maternity leave entitlements.
- Apply for reimbursement: The employer must apply for the government reimbursement scheme.
Dismissal protections
Under section 14A of the Employment Ordinance, an employer who dismisses an employee during the maternity leave period or within a period after the leave (the “protected period”) must prove that the dismissal was not related to the pregnancy or maternity leave. The protected period extends beyond the leave itself — the employee remains protected for a period after returning to work.
Calculating maternity leave pay
The calculation is based on the employee’s average daily wages over the 12-month period before the leave starts:
Maternity leave pay = Average daily wages × 14 weeks × 7 days
For example, if the employee’s average daily wages are $800:
| Component | Value |
|---|---|
| Average daily wages | $800 |
| Duration | 14 weeks (98 days) |
| Total maternity leave pay | $800 × 98 = $78,400 |
If the employee has been employed for less than 12 months, the average is calculated over the actual employment period. For example, if the employee has worked for 6 months, the average is calculated over those 6 months.
Interaction with other leave types
Maternity leave in Hong Kong interacts with other leave types as follows:
| Leave Type | Interaction |
|---|---|
| Annual leave | Annual leave accrued during maternity leave continues to accrue. The employee can use annual leave before or after maternity leave. |
| Sick leave | If the employee falls ill during maternity leave, the sick leave is not deducted from maternity leave. The maternity leave continues to run. |
| Statutory holidays | Public holidays falling within the 14-week maternity leave period are counted as part of the leave. The employee does not get additional leave for public holidays. |
| Paternity leave | The father’s 5-day paternity leave is separate from the mother’s 14-week maternity leave. They can be taken concurrently. |
Common pitfalls for Hong Kong employers
1. Not paying the full 80%
The employer must pay 80% of average daily wages for the full 14 weeks. Calculating the pay based on a lower percentage or excluding allowances from the calculation is a breach of the Employment Ordinance.
2. Dismissing during the protected period
Dismissing an employee during maternity leave or the protected period is presumed discriminatory. The employer bears the burden of proving the dismissal was unrelated to the pregnancy.
3. Not applying for the government reimbursement
The employer is entitled to reimbursement but must apply for it. Failing to apply means the employer bears the full cost.
4. Requiring the employee to take annual leave before maternity leave
The employer cannot require the employee to use annual leave before taking maternity leave. The two are separate entitlements.
For more Hong Kong leave context, see our guide to annual leave entitlements in Hong Kong and the overview of the main types of leave employers manage.
Frequently asked questions
How long is maternity leave in Hong Kong?
Hong Kong provides 14 consecutive weeks of maternity leave at 80% of the employee’s average daily wages. The leave must be taken in a single continuous period.
Who pays for maternity leave in Hong Kong?
The employer pays the maternity leave pay, but the government provides a reimbursement scheme that offsets the cost up to a statutory cap.
Is there a minimum service requirement?
No. All female employees in Hong Kong are entitled to maternity leave regardless of length of service, contract type, or working hours.
Can the employer dismiss me during maternity leave?
No. The employer cannot dismiss an employee during the maternity leave period or the protected period that follows. Dismissal during this period is presumed to be related to the pregnancy unless the employer can prove otherwise.
Can I take paternity leave and maternity leave at the same time?
The father’s 5-day paternity leave and the mother’s 14-week maternity leave are separate entitlements. They can overlap, but the father cannot take the mother’s maternity leave.
Putting it into practice
Five steps cover most Hong Kong maternity leave compliance:
- Calculate average daily wages correctly over the 12-month period, including regular allowances and bonuses.
- Pay 80% of average daily wages for the full 14-week period without reduction.
- Apply for the government reimbursement scheme to offset the cost.
- Do not dismiss the employee during the maternity leave period or the protected period.
- Maintain the employee’s terms and conditions of employment, including health insurance and provident fund contributions, during the leave.
A leave management system that calculates average daily wages correctly, tracks the protected period for dismissal, and flags government reimbursement applications keeps Hong Kong employers compliant without manual spreadsheet calculations.
Sources
- Labour Department — Maternity Leave (primary source)
- Employment Ordinance, Cap. 57, Part IVA
- Labour Department — Employer’s Guide to Maternity Leave
This article is general information, not legal advice. Hong Kong maternity leave rates and reimbursement caps change annually — confirm current figures with the Labour Department.