Maternity leave close to Due Date

Posted by WWcC (144 days ago)

I have read most of the threads here on maternity leave which have been quite helpful but one question I have is: Do I HAVE to take maternity leave at least 2 weeks before my due date. The Labour Dept states:

# With the agreement of her employer, a pregnant employee may decide to commence her maternity leave from two to four weeks before the expected date of confinement;

But they say 'may' and not 'have to'! I dont want to sit at home for 2 weeks before my due date and as my pregnancy has been very good and I feel fine now and have done right through, I'd like to stay at work for however late I can.

Does anyone know if I must leave 2 weeks beforehand or I can just decide what date I leave myself??

(I am based in Hong Kong)

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Posted by cara (144 days ago)

i don't think you HAVE to. but you might regret not having a little time before baby arrives. life will NEVER be the same!

good luck!

(I am based in Hong Kong)

Posted by STAR&sHINE (143 days ago)

I always used the 12 weeks you get here based on HK law for the time the baby was actually here already which means I worked till a few days before.
I think it's up to your boss and yourself to decide- the government cannot control that anyhow. Now with baby # 2 I will work till a few days before the due date as well. Good luck

(I am based in Hong Kong)

Posted by disco babe (143 days ago)

I had the same problem, but I insisted on staying on until the baby arrived. I had an emergency C-section and she came early and they wanted to dock me for two weeks prior to the birth and give me only 8 weeks with her.
I kicked up a big stink and insisted that I get 10 weeks with her.
I'm very glad I did..... it's very hard leaving the baby at such a young age, but I had no choice.
Are you having a c-section?

(I am based in Hong Kong)

Posted by WWcC (140 days ago)

Thanks for all the posts. I'm not planning a c-section and therefore want to remain at work until such time as it time to go.

Disco babe: I dont understand 'they wanted to dock you 2 weeks before the birth'. Are you saying even though you didnt take the time, they wanted to count 2 'untaken leave weeks' as part of your maternity - surely not!

Otherwise I guess what I read from the above posts is that it is not compulsory to take 2 weeks before the due date and I can leave whatever date I feel before due date. Then I have 12 weeks maternity leave. Is this correct?

(I am based in Hong Kong)

Posted by cara (140 days ago)

i thought it was only 10 weeks? being self employed i got nothing....

(I am based in Hong Kong)

Posted by disco babe (140 days ago)

It's usually only 10 weeks.
What line of work are you in WWcC?

(I am based in Hong Kong)

Posted by STAR&sHINE (138 days ago)

HK law allows 12 weeks, but you have to take 2 weeks before your due date and 10 weeks after. 10 weeks are fully paid. I'm allowed to take all 12 weeks after the baby is born .......

(I am based in Hong Kong)

Posted by WWcC (136 days ago)

oops i meant to write '10' weeks as I understood it was 10 weeks statutory maternity leave - anyone can confirm?

Star&Shine - you mention "12 weeks" and you also say "you HAVE to take 2 weeks before your due date and 10 weeks after".
Please direct me to where you find this law written as the Govt website stating maternity law says "a pregnant employee MAY decide to commence her maternity leave from two to four weeks before the expected date of confinement" Hence there is nothing here about 'have to' take 2 weeks beforehand and 10 afterwards.

I'm confused now (:

If anyone knows the real facts, i would like to know, rather than just guessing or assuming or what your employer has offered you which I know can be quite different for many.

(I am based in Hong Kong)

Posted by hkexpat2007 (136 days ago)

HR in my office told me that I have 10 weeks total - I can commence the maternity leave 2 weeks before the due date. I do not think it's 12 weeks.

(I am based in Hong Kong)

Posted by STAR&sHINE (135 days ago)

I would just call the government then and check directly as you will only get 'personal' experience here on this website. I get 10 weeks full pay of maternity leave and 2 weeks at 80%.........the 2 weeks should be taken before your due date (according to my HR people who got the info from the HK government)..........but as I said- it's up to the company's discretion how they handle it...........

(I am based in Hong Kong)

Posted by NZlawyergirl (134 days ago)

I always understood the HK law position to be 10 wks leave at 80% pay and the leave must start no later than 2 weeks before your due date. My work offers 12 wks full pay but I still have to start it no later than 2 weeks before my due date. Agree with the above, you will only get personal experience stories from here and not a conclusive legal interpretation you would get from discussing with an employment lawyer or govt department

(I am based in Hong Kong)

Posted by evildeeds (132 days ago)

HK labour law is 10 weeks at 80% pay as stated above by NZlawyergirl. The law also states that maternity leave is taken no later than 2 weeks before birth. Remember maternity leave is an entitlement. You may request to work closer to the birth of the baby but the company itself is under no obligation to pay you for that or give you the extra entitlement after. This is exactly the provisions we lay out in our employee contracts that are endorsed by both our lawyers and the government.

(I am based in Hong Kong)