Maternity Leave in Hong Kong 2026: Complete Guide
Hong Kong grants 14 weeks of statutory maternity leave at four-fifths pay, increased from 10 weeks in the 2020 reform. For employers, the rules are more layered than the headline suggests: a tenure threshold that determines paid versus unpaid status, a salary cap on the daily rate, a government reimbursement scheme covering the additional 4 weeks introduced in 2020, anti-dismissal protections that run from pregnancy notification through return, and separate provisions for paternity leave, miscarriage leave, and sickness arising from pregnancy. This guide covers the operational mechanics, the reforms shaping 2026, and the compliance traps that catch first-time foreign employers.
Maternity leave in Hong Kong looks straightforward on the surface: 14 weeks at four-fifths pay. The mechanics underneath are layered. Eligibility depends on continuous-employment tenure under the Employment Ordinance. Pay is calculated on the daily wage with a statutory cap that affects high-earning employees. The Hong Kong government reimburses employers for the additional 4 weeks added in the 2020 reform, subject to a cap, through a dedicated administration scheme. And the anti-dismissal protections during pregnancy and maternity leave are stronger than most foreign employers expect.
The framework is set primarily by the Employment Ordinance (Cap. 57), supplemented by the Maternity Leave Pay Reimbursement Scheme launched in 2020 to fund the additional 4 weeks. Hong Kong’s framework sits between the US (minimal statutory protection) and the EU (extensive statutory protection), and it has been moving steadily upward over the past decade. Maternity leave went from 10 to 14 weeks in 2020. Paternity leave went from 3 to 5 days in 2019. Further reform is under discussion.
For employers building a Hong Kong team in 2026, the practical questions are: what is the actual cash cost of a pregnancy, who pays which slice of it, what procedures must HR follow, what are the protected windows, and where do enforcement risks sit. This guide covers all of it: the 14 weeks, the pay rules, the reimbursement scheme, paternity leave, miscarriage and pregnancy-related sickness, anti-dismissal protection, recent reforms, and the compliance mistakes that catch first-time foreign employers.
Hong Kong maternity leave eligibility
Not every pregnant employee qualifies for paid maternity leave in Hong Kong. The Employment Ordinance distinguishes between unpaid maternity leave (available to all eligible female employees) and paid maternity leave (available only to those meeting tenure requirements). Three criteria must be satisfied for the full 14 weeks at four-fifths pay.
The 40-week tenure threshold is what makes Hong Kong an outlier compared with most Asian markets
Most jurisdictions in the region grant paid maternity leave on day one (Taiwan, Vietnam) or after a short qualifying period (Singapore at 3 months, Japan at 4 months). Hong Kong’s 40-week continuous-employment requirement means an employee who falls pregnant during her first 6 months will not qualify for paid maternity leave under the Employment Ordinance. She still has the right to take 14 weeks of unpaid maternity leave, and the anti-dismissal protections still apply. But the salary continuation does not. Foreign employers building Hong Kong teams sometimes assume the day-one model and budget accordingly; the practical reality for a hire who becomes pregnant inside the first 9 months is that the employer can lawfully provide nothing, or can choose to top up to full pay as a discretionary benefit (some do).
Hong Kong maternity leave pay: 4/5 daily wage
Hong Kong maternity leave pay is calculated at four-fifths (80 percent) of the employee’s average daily wage in the 12 months immediately preceding the maternity leave start date. The mechanics matter for budgeting:
Daily wage basis. The Employment Ordinance uses average daily wage, not gross monthly salary, as the calculation base. Variable pay components (commissions, productivity bonuses, allowances earned in the 12-month window) feed into the daily wage calculation. Discretionary bonuses paid annually do not.
Statutory cap for the additional 4 weeks. The 2020 reform split the 14 weeks into the original 10 weeks (employer-funded) and an additional 4 weeks (eligible for government reimbursement). The reimbursement is capped at HK$80,000 per employee total, with a daily wage cap of HK$1,420 used for the reimbursement calculation. Employers must pay the full 4/5 daily wage to the employee but can only claim back up to the cap.
Timing of payment. Maternity leave pay must be paid on the normal payday, not deferred to after the leave ends. Late payment is a criminal offence under the Employment Ordinance.
The Maternity Leave Pay Reimbursement Scheme
The Maternity Leave Pay Reimbursement Scheme, launched in December 2020 alongside the increase from 10 to 14 weeks, lets employers recover the cost of the additional 4 weeks from the Hong Kong government. The scheme is administered by the Labour Department and works on a reimbursement model: the employer pays the full 14 weeks of statutory maternity pay first, then applies for reimbursement of the additional 4 weeks.
For high earners, the reimbursement covers a fraction of actual cost
The HK$80,000 reimbursement cap is calculated using a daily wage cap of HK$1,420 (roughly HK$36,000 per month equivalent). For an employee earning HK$80,000 per month, the employer pays approximately HK$72,000 in maternity pay for the additional 4 weeks but recovers only the capped figure, well below actual cost. The economic burden of the 2020 reform sits with employers of higher earners. For a senior engineer earning HK$120,000 per month, the maternity leave pay for the full 14 weeks costs the employer approximately HK$268,000 in salary continuation, and the reimbursement recovers HK$36,000 to 40,000 of it. Build the actual figure into headcount budgets rather than assuming the additional 4 weeks are state-funded.
Paternity leave in Hong Kong: 5 days
Paternity leave in Hong Kong is governed by the same Employment Ordinance framework. The entitlement was introduced in 2015 (3 days) and increased to 5 working days in January 2019. Eligibility runs through a similar tenure threshold to maternity leave.
Miscarriage, sickness, and antenatal leave
Beyond the headline 14 weeks of maternity leave and 5 days of paternity leave, three additional protections apply in pregnancy-related situations. Each is statutory and stacks on top of the main entitlements.
Anti-dismissal protection during maternity
The Employment Ordinance prohibits dismissal during a protected window that runs from the date the employer is notified of the pregnancy through the end of the maternity leave. The protection is one of the strongest in Hong Kong employment law and applies regardless of whether the employee is on paid or unpaid maternity leave.
The protected period. From the date the employee gives written notification of the pregnancy (with medical certificate if requested) until the date the maternity leave ends. Dismissal during this window is generally unlawful, subject to narrow exceptions for gross misconduct under the limited grounds in Section 9 of the Ordinance.
Penalties. An employer who dismisses an eligible pregnant employee outside the permitted grounds is liable to a fine of up to HK$100,000. The dismissed employee can also bring a claim for further sums under the Employment Ordinance, including 1 month’s wages in lieu of notice, the full statutory maternity leave pay she would have received, and an additional sum equal to 1 month’s wages as further compensation. Reinstatement orders are available but rarer in practice.
Probation does not override the protection. The anti-dismissal protection applies once the employer has been notified of the pregnancy, regardless of whether the employee is on probation or has cleared the 40-week tenure threshold. A probation-stage employee who notifies pregnancy is protected from dismissal for the duration of pregnancy and maternity leave, even though she may not qualify for paid maternity leave.
The most expensive maternity mistake in Hong Kong is dismissing during probation after pregnancy notification
Foreign employers treating Hong Kong as a flexible at-will-style market sometimes assume that an employee in her first 6 months can be dismissed during probation for any reason. That assumption is dangerous. Once pregnancy has been notified in writing, the anti-dismissal protection applies even to probationary employees, and Section 15 of the Employment Ordinance imposes statutory penalties for unlawful dismissal in the protected period: fine up to HK$100,000, plus payment to the employee of 1 month’s wages in lieu of notice, the full 14 weeks of maternity leave pay she would have received, and an additional 1 month’s wages as further compensation. A probation termination of a pregnant employee that the employer treated as routine can cost HK$300,000+ once all the statutory amounts compound. Run every termination decision involving a female employee through a pregnancy-status check before notification.
Common Hong Kong maternity leave mistakes
Six recurring issues catch first-time foreign employers running maternity leave in Hong Kong. Each is straightforward to avoid; each is expensive once it happens.
1. Dismissing during the protected period. The single most expensive mistake. Once pregnancy is notified in writing, dismissal is prohibited through the end of maternity leave, subject only to narrow exceptions. Statutory compensation compounds quickly. Run every termination decision involving a female employee through a pregnancy-status check at least 14 days before notification.
2. Miscalculating the 4/5 daily wage. Maternity leave pay is 4/5 of the average daily wage over the 12 months preceding leave start. Many employers calculate it as 4/5 of monthly salary, which understates the figure for employees with significant variable pay. Use the daily-wage formula prescribed by the Employment Ordinance.
3. Missing the 3-month reimbursement filing deadline. The Maternity Leave Pay Reimbursement Scheme requires applications within 3 months of the end of maternity leave. Late filings are not accepted. The reimbursement of up to HK$80,000 per employee is lost permanently. Set a calendar reminder at leave start.
4. Treating the additional 4 weeks as state-funded. The employer pays the full 14 weeks first and then applies for reimbursement of weeks 11-14 only, capped at HK$80,000. For higher-earning employees, the employer’s actual cost is well above the reimbursement cap. Budget on the full cost, not the post-reimbursement net.
5. Refusing antenatal time off. Time off for prenatal medical checkups counts as sickness leave under the Employment Ordinance, paid at 4/5 daily wage when a medical certificate is provided. Refusing the time or requiring it to be taken from annual leave is unlawful.
6. Backfilling permanently during maternity leave. The employee’s position must be held during the 14-week maternity leave with reinstatement to equivalent role on return. Hiring a permanent replacement and then having no role available on return is a guaranteed Labour Tribunal claim.
Recent reforms (2015 to 2024)
Hong Kong’s family leave framework has moved steadily upward over the past decade. The four reforms below have changed the employer calculation materially and continue to push the system toward higher benefits.
For the broader picture on hiring in Hong Kong, our Hong Kong work visa guide covers the GEP and Top Talent Pass Scheme routes alongside employer obligations and application timelines. The EOR cost guide walks through total employer cost when hiring through an Employer of Record rather than setting up your own Hong Kong entity. If you are weighing Hong Kong against other Asian markets for your team, family leave frameworks vary substantially; the best countries to hire developers guide puts Hong Kong in context against 12 other markets.
For the contractor-versus-employee tradeoff that often comes up alongside maternity planning, our contractor vs EOR employee comparison covers the operational ground.
Frequently Asked Questions: Maternity Leave in Hong Kong
Statutory maternity leave in Hong Kong is 14 weeks (98 days), increased from 10 weeks in December 2020 under the Employment (Amendment) Ordinance. The 14 weeks are taken as continuous leave around the date of delivery. Eligible employees with 40 weeks or more of continuous employment receive 4/5 of their average daily wage for the full period. Employees with shorter tenure are entitled to 14 weeks of unpaid maternity leave.
Hong Kong maternity leave pay is calculated at 4/5 (80 percent) of the employee’s average daily wage in the 12 months immediately preceding the leave start date. The calculation includes regular wages plus variable components such as commissions and productivity bonuses earned during the 12-month window. Discretionary annual bonuses are not included. For the government reimbursement calculation (additional 4 weeks), the daily wage is capped at HK$1,420 with a total reimbursement cap of HK$80,000 per employee per confinement.
The employer pays the full 14 weeks of statutory maternity leave pay directly. The Hong Kong government reimburses employers for the additional 4 weeks introduced in 2020 (weeks 11-14) through the Maternity Leave Pay Reimbursement Scheme, capped at HK$80,000 per employee. The original 10 weeks remain entirely employer-funded with no government reimbursement. Higher-earning employees cost the employer more than the reimbursement covers because of the HK$1,420 daily wage cap.
To qualify for paid maternity leave at 4/5 daily wage, an employee must have at least 40 weeks of continuous employment with the same employer immediately before the leave start date. She must also notify the employer of the pregnancy and intention to take maternity leave, providing a medical certificate if requested. Employees with shorter tenure are still entitled to 14 weeks of unpaid maternity leave and to the anti-dismissal protections; only the salary continuation requires the 40-week threshold.
No, except in very narrow circumstances. The Employment Ordinance prohibits dismissal during the protected period running from pregnancy notification through the end of maternity leave. Unlawful dismissal during this window is a criminal offence with fines up to HK$100,000, plus statutory compensation to the employee including 1 month’s wages in lieu of notice, the full 14 weeks of maternity leave pay she would have received, and an additional 1 month’s wages as further compensation. Probation status does not override the protection.
The Maternity Leave Pay Reimbursement Scheme reimburses employers for the additional 4 weeks of maternity leave pay (weeks 11-14) introduced in the 2020 reform. The employer first pays the full 14 weeks of statutory maternity leave pay, then applies online to the Labour Department for reimbursement of the additional 4 weeks. The reimbursement is capped at HK$80,000 per employee per confinement, using a daily wage cap of HK$1,420. Applications must be submitted within 3 months of the end of maternity leave. Processing typically takes 4-8 weeks.
Statutory paternity leave in Hong Kong is 5 working days, paid at 4/5 of the average daily wage, available to eligible male employees on the birth of a child. The 5 days were extended from the original 3 days in January 2019. The leave can be taken consecutively or in single days within a window spanning 4 weeks before to 14 weeks after the expected or actual date of delivery. The 40-week continuous-employment threshold applies for the paid days; shorter-tenure employees can take 5 days of unpaid leave.
Yes. Following the 2020 reform, miscarriage or pregnancy termination at or after 24 weeks of pregnancy qualifies for the full 14 weeks of statutory maternity leave pay (the threshold was lowered from 28 weeks in the same reform, aligning with WHO definitions of viability). For earlier miscarriages, pregnancy-related medical absences are treated as sickness leave under the Employment Ordinance with sickness allowance at 4/5 daily wage. Antenatal medical appointments also count as sickness leave with medical certificate.
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Christa is a Copywriter at Employsome with 17 years of professional writing experience across global brands, startups, and online publications. A native English-Finnish writer, she brings strong editorial skills and a versatile background in business, SaaS, and finance. At Employsome, Christa focuses on clear, practical content about HR, payroll, and Employer of Record topics.
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