Maternity leave to rise from 70 to 90 days, with annual leave tied to years of service

The Executive Council (ExCo) has proposed increasing the current 70-day maternity leave stipulated in the Labor Relations Law to 90 days, with the change set to take effect on New Year’s Day next year, while also introducing a mechanism whereby employees’ annual leave entitlement increases based on their years of service.

The ExCo has completed its discussion of the draft amendment to the Labor Relations Law, with Secretary for Administration and Justice Wong Sio Chak announcing the proposed regulations Friday.

The bill proposes increasing the current 70-day maternity leave to 90 days, of which 60 days must be taken immediately after childbirth, while the remaining 30 days may be taken – either in whole or in part – before or after childbirth at the discretion of the female employee.

The government aims to gradually enhance labor rights while balancing the capacity of businesses – particularly small and medium-sized enterprises (SMEs) – to strike a balance between employers and employees, Wong said.

According to him, the bill also introduces a mechanism whereby annual leave entitlement increases based on years of service, starting at six working days.

For every two years of service, employees will receive an additional working day of annual leave, reaching 12 working days after 12 or more years of service.

The bill also amends the provisions of the Public Administration Staff Statute regarding leave due to motherhood, raising the leave entitlement for involuntary miscarriage to 90 days and improving leave provisions following the death of a live-born infant, with the aim of comprehensively enhancing welfare protections for female employees.