Posted by
Leahred
18 yrs ago
I am currently on maternity leave and am due back next month. I have been paid 10 weeks, 4/5th of my normal salary. I don’t want to return to work and was wondering if I need to pay back the maternity money ? I hope not. . .What are the laws on this in Hong Kong.
I am starting to get really stressed out about it and don't want to approach my company without knowing the facts in case I get a nasty shock
Thanks
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Am not quailified in HK law, but, under uk law, if you decide not to return, you would not have to repay statutory maternity pay. If they pay you above stautory, it might be a q of contract and you need to look at the company's maternity pay policy.
But, the real question is whether, if you do have to re-pay, will you then feel you must return to work?
If you are not going to return anyway, just face up to your employer and explain you will not be returning, but just as well to check pout the above links.
One last piece of advice - your question is one that can probably be very easily and (ralatively inexpensively) answered by an expert in HK employment law - might even be able to do it over phone for free.
If not, just make an appointment for, say, one hour and get as much advice on the point as possible. It will be worth the money - and, if your lawyer gets it wrong, he/she will have professional indemnity insurance.
But first check hourly rate and agree a fixed fee.
http://www.tannerdewitt.com/media/publications/working-mothers.php
http://www.labour.gov.hk/eng/faq/cap57h_whole.htm
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oh, and check out Deacons - a very good firm with an excellent employment law practice
http://www.deacons.com.hk/eng/knowledge/knowledge_75.htm
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