Appendix 13
Grant of Maternity Leave to Female Staff
1.	Female staff who have completed 40 weeks of resident service prior to the commencement of maternity leave may be granted 10 weeks full-pay maternity leave. There is no limitation on the number of surviving children that a female staff may have in order to be qualified for maternity leave pay.
2.	Female staff employed under a continuous contract but with less than 40 weeks of resident service may be granted maternity leave without pay.
3.	The Dhe Director may grant maternity leave to female staff. Maternity leave shall be the aggregate of :
	(a)	a continuous period of 10 weeks from and inclusive of -
		(i)	the date of commencement of maternity leave as determined under section 12AA of the Employment Ordinance (see below); or
		(ii)	the actual date of confinement, if confinement occurs before the date of commencement mentioned in subparagraph (i);
	(b)	a further period equal to the number of days, if any, beginning on the day after the expected date of confinement up to and including the actual date of confinement; such further period of leave is to be taken immediately following the period of leave under paragraph (a); and
	(c)	a further period, not exceeding 4 weeks, on grounds of illness or disability arising out of the pregnancy or confinement.
	Under section 12AA of the Employment Ordinance, a pregnant employee may, with the agreement of the employer, decide on the date of commencement of her 10 weeks maternity leave, provided that such date is within a period of not less than 2 weeks before, and not more than 4 weeks before, the expected date of confinement. If the employee does not exercise her option to decide on the date of commencement, or if she fails to secure her employer's agreement to her proposed leave schedule, the date of commencement of maternity leave shall be 4 weeks immediately before the expected date of confinement.
	The entitlement to pay is, however, limited to the period of 10 weeks. An accurate record of any maternity leave granted shall be kept by the school.
4.	When more absence is recommended by a registered medical practitioner, additional maternity leave may be granted by the Director as no-pay leave to bring the total absence up to 6 months. Further leave without pay on the same terms may be granted at the discretion of the Director.
5.	The following categories of teachers/specialist staff/laboratory technicians will also be eligible for full pay for any part of the maternity leave which falls within a major school holiday, i.e., Christmas, Chinese New Year, Easter and Summer Vacation :-
	(a)	Female staff whose maternity leave exceeds 10 weeks as provided in paragraph (3)(a) and the excess portion of maternity leave as provided in paragraph (3)(b) and/or (3)(c) falls wholly or partly within a major school holiday; and
	(b)	Female staff who are employed under a continuous contract but have less than 40 weeks' resident service to qualify for full pay maternity leave as provided in paragraph (3) and whose maternity leave falls wholly or partly within a major school holiday.
6.	Maternity leave is not counted as sick leave.
7.	A female staff is not entitled to maternity leave whilst absent from duty for other reasons.
8.	In order to enjoy maternity protection, the female staff has to serve notice of pregnancy and of her intention to take maternity leave to her employer after her pregnancy has been confirmed by a medical certificate. If required by the employer, the female staff has to produce a medical certificate which specifies the expected date of confinement for the 10 weeks of maternity leave under subparagraph (3)(a)(i) or a medical certificate which specifies the date of confinement for the 10 weeks of maternity leave under subparagraph (3)(a)(ii). A female staff who may take any period of maternity leave under paragraph (3)(b) shall, if so required by her employer, produce a medical certificate specifying the date of confinement.
9.	A pregnant female staff may, on producing a medical certificate with an opinion as to her unfitness to handle heavy materials, work in places where gas injurious to pregnancy is generated, or do other work injurious to pregnancy as specified in the medical certificate, request her employer to refrain from giving her such work during her pregnancy period