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The Reimbursement of Maternity Leave Pay Scheme goes live
- Hong Kong
- Employment law
09-04-2021
Overview Statutory maternity leave (“ML”) has increased from 10 weeks to 14 weeks from December 11, 2020 as we have discussed in our earlier update. Employers are required to first pay for the extra 4 weeks (i.e. the 11th to 14th weeks) on the normal pay day. Starting from 1 April 2021, employers can apply to the Reimbursement of Maternity Leave Pay Scheme (the “RMLP Scheme”) to seek reimbursement for this additional 4 weeks of ML pay. Eligibility To be eligible for the RMLP Scheme, there are four main requirements:
What about miscarriage?
The amount of reimbursement The current statutory rate of ML pay (i.e. four-fifths of average daily wages) will apply to the additional 4 weeks of ML payable, subject to a cap of $80,000 per employee. What if employers provide more favourable maternity benefits? If employers provide maternity benefits more favourable than the statutory requirements, the RMLP Scheme will only reimburse up to the amount of ML pay under the EO. Application deadline The employer should submit the application no later than either of the following, whichever is later:
How to apply Upon paying the concerned employee all statutory ML pay (including the 4 additional weeks), the employer may submit an application for each employee either via:
What documents are required for the application?
Timeline Notification of application results and reimbursement payment (for successful applications) will generally be issued within 15 working days upon the receipt of the application and all the required documents. The concerned employee will also be notified for successful applications. RMLP Scheme will select some applications and conduct audit checks, requiring them to provide more details (e.g. payment proof of the 12 months’ wages immediately preceding the commencement of the ML, the relevant employment contract, etc.). If an employer fails to provide the same as requested, the RMLP Scheme may reject the application and require such employer to repay any reimbursement received. |
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.