DSAL proposes a 90-day maternity leave and increased annual leave

During a public consultation held on Friday (Jan. 30) regarding amendments to the Labour Relations Law, the Labour Affairs Bureau (DSAL) proposed increasing maternity leave to 90 days and introducing a system of annual leave based on seniority in the workplace.

The consultation period will include three public sessions on February 8, 27, and March 7, during which public feedback will be collected before further legislative steps are taken.

Under the proposed amendments, maternity leave will be increased from the current 70 days to 90 days.

Among these, 60 days of maternity leave must be taken immediately after childbirth, while the remaining 30 days can be taken either entirely or partially before or after childbirth at the choice of the female employee, allowing more flexibility.

Officials also recommended continuing the maternity leave allowance subsidy, offering eligible small and medium-sized enterprises a subsidy of up to 20 days.

Regarding annual leave, the amendments propose a system to increase the number of annual leave days based on years of service.

The initial annual leave will be set at six working days, with the number of days increasing according to the employee’s length of service – one additional day of annual leave for every two years of service, up to a maximum of 12 days.

This system will not affect employees who already have more than 12 days of annual leave under conditions superior to those stipulated by the labor law.

DSAL stated that in recent years, there has been continuous public demand to increase the number of maternity leave days to enhance the protection of female employees.

Additionally, considering that the statutory annual leave days in Macau have not been adjusted for many years and that there is a gap compared to neighboring regions, implementing a mechanism to increase annual leave based on years of service would also help improve employees’ sense of belonging and job stability.

Chan Un Tong, director of DSAL, stated that the revision of the Labor Relations Law involves broad aspects and is closely related to employers and employees across various industries, while also concerning the economic and social development of Macau.

He mentioned that the proposed amendments are a balanced outcome, synthesized from opinions put forward by different stakeholders in society and considering the actual circumstances of the city.

He added that the government will continue to “create conditions through various means to enhance residents’ sense of happiness and welcomed active public feedback on the proposed amendments.”

Regarding the number of annual leave days, Chan indicated that the government will fully consider public opinions. Subsequently, factors such as Macau’s social development and business operational pressures will be taken into account to progressively review and optimize labor policies, gradually improving employees’ labor rights and benefits.

He noted that while it is understood that some residents may hope for more annual leave, this public consultation provides an opportunity for all stakeholders to express their views.

Speaking on the amendments for maternity leave, the director proposed that the government provide subsidies to cover the additional 20 days of maternity leave, aiming to alleviate operational pressure resulting from the increase in maternity leave on small and medium-sized enterprises (SMEs).

He stated that the current statutory maternity leave is 70 days, and many organizations in Macau already offer maternity leave close to 90 days.

The official added that after the legislative amendment, both local and non-local female employees will be entitled to the increased maternity leave.

However, the government subsidy of up to 20 days will only apply to local female employees working in SMEs, while employers will bear the full cost of maternity leave wages for non-local female employees.

When asked about the impact of increasing maternity leave on female employees, Chan stated that employees’ performance is a valuable asset to enterprises, and increasing maternity leave can help enhance employees’ sense of belonging to the company.

He expressed confidence that increasing maternity leave would not negatively affect employees’ labor rights. If any issues arise, he advised employees to consult the DSAL.

Chan further added that, combining the two rounds of maternity leave subsidy measures from May 26, 2020, to December 31, 2025, a total of 1,476 local female employees received subsidies, amounting to MOP15.45 million. The second round of the subsidy plan is set to end on December 31, 2026, and applies exclusively to SMEs.

With the consultation period lasting until March 16, Chan stated that, following analysis and report compilation, a draft law will be prepared, and the bill will be submitted to the Standing Committee for the Coordination of Social Affairs (CPCS) for discussion and feedback from both labor and employer representatives.

Regarding the effective date of the law, Chan mentioned that the legislative amendment work has been included in this year’s legislative proposal agenda, and the authorities will actively follow up on its progress.

Chan noted that third-party survey data indicates over half of both employees and employers agree on increasing the maternity leave period, with more than 60% of respondents selecting 90 days of maternity leave as their first choice.

He reiterated that a temporary subsidy scheme is already in place, and whether future subsidies will be permanent or temporary will be subject to public feedback gathered during this consultation. Ricaela Diputado