Mandatory compensation days for holiday overlap take effect

Construction workers seen at a road renovation project earlier this month

From today, employees in Macau will get an extra rotational holiday as compensation for when that rotational holiday overlaps with a statutory holiday. The measure is part of the amended Labor Relations Law that comes into effect today.
If a rotational holiday overlaps with a statutory holiday, the employer should offer an extra day off to compensate for the rotational holiday within 30 days of the holiday concerned.
Where an employee is required to work on a statutory holiday and the employee is paid on a monthly basis, the employee will be entitled to one extra day’s pay or a compensatory day off. If the employee is paid per job or per hour, the employee will be entitled to one day of extra basic salary or an extra day of holiday.
The compensatory holiday must be enjoyed within three months of the date of the original holiday. If that is not possible, the employee can request two days of holiday as compensation.
The ceiling of monthly basic salary has been raised to MOP21,000 when used to calculate severance pay.
Rights for new parents have also expanded. The provision of five days of paid paternity leave is, for the first time, formalized in Macau as part of the amendments to the Labor Relations Law.
The original law was passed in 2008, with two amendments made in 2015.
Prior to this amendment, the concept of paternity leave had been introduced to the public sector, as well as partially in the private sector. Hence, the current amendment sees the concept institutionalized as a legal requirement in the city across both the private and public sectors.
From today, fathers can enjoy five days of paternity leave consecutively or intermittently from three months of the mother confirming her pregnancy to 30 days of the baby being born.
Paid maternity leave lengthens to 70 days from today, with a buffer period of three years. Within this period, an employee who has worked at a company for more than a year will enjoy 70 days of maternity leave. Of this, 56 days will be paid by the employer and up to 14 days will be paid by the government.
In addition, 63 days of the maternity leave must be used immediately after birth, with the remainder used before or after birth, either in part or in full.
An employee will still be able to take 70 days of maternity leave in the case of a stillbirth. Meanwhile, 10 extra days will be added to the maternity leave if the baby passes away during the 70-day leave.
Child adoption will entitle the parents to two days of holiday. AL