(A) For Teachers
1. Female teachers who have completed 40 weeks of resident service prior to the commencement of scheduled maternity leave may be granted 14 weeks full-pay maternity leave. There is no limitation on the number of surviving children that a female teacher may have in order to be qualified for maternity leave pay. (updated on 1 January 2019)
2. Female teachers employed under a continuous contract but with less than 40 weeks of resident service may be granted maternity leave without pay. The calculation of leave entitlement for part-time monthly-paid teachers should be the same as the full-time monthly-paid teachers.
3. Maternity leave shall be the aggregate of-
(a) a continuous period of 14 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 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 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. (updated on 1 January 2019)
4. The entitlement to pay is, however, limited to the period of 14 weeks (except paragraph 6(a)).
An accurate record of any maternity leave granted shall be kept by the school. (updated on 1 January 2019)
5. When more absence is recommended by a registered medical practitioner or a registered Chinese medicine practitioner, additional maternity leave may be granted as no-pay leave to bring the total absence up to 6 months. Further leave without pay on the same terms may be granted. (updated on 29 January 2007)
6. The following categories of female teachers 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
CODE OF AID FOR PRIMARY SCHOOLS
Year, Easter and Summer Vacation –
(a) Female teachers whose maternity leave exceeds 14 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 teachers who are employed under a continuous contract but have less than 40 weeks’ resident service to qualify for full pay maternity leave and whose maternity leave as provided in paragraph 3 falls wholly or partly within a major school holiday.
(updated on 1 January 2019)
7. Maternity leave is not counted as sick leave.
8. A female teacher is not entitled to maternity leave whilst absent from duty for other reasons.
9. A female teacher 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 valid medical certificate issued by a registered medical practitioner, a registered midwife or a registered Chinese medicine practitioner (except for the certificate of the actual date of confinement). If required by the employer, the female teacher has to produce a medical certificate which specifies the expected date of confinement for the 14 weeks of maternity leave under subparagraph 3(a)(i) or a medical certificate which specifies the date of confinement for the 14 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. (updated on 1 January 2019)
10. A pregnant female teacher may, on producing a medical certificate issued by a registered medical practitioner or a registered Chinese medicine practitioner 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.
(updated on 29 January 2007)
(B) For Educational Psychologists, School-based Speech Therapists, Primary School Assistant Social Work Officers and School Executive Officers
Female educational psychologists, school-based speech therapists, Primary School Assistant Social Work Officers and school executive officers shall enjoy such benefits as female teachers with regard to maternity leave, where applicable. (updated on 1 September 2019)
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 11A Paid Annual Leave Entitled by Educational Psychologists
1. Educational psychologists paid out of the Salaries Grant, who do not enjoy school holidays, will be granted full pay leave on an annual basis. Such leave shall be taken during the major school holidays, subject to mutual agreement between the school and the staff. No replacement will be granted for educational psychologists on such leave.
(a) Educational psychologists paid out of the Salaries Grant appointed before 1 June 2000 may be granted not less than 22 days of paid leave on an annual basis.
(b) For educational psychologists offered appointments on or after 1 June 2000, their entitlement to annual leave with pay is as follows:
Salary Point Less than 10 years of service 10 years of service and over MPS Point 14 and
above
18 days 22 days
2. The leave entitlement in paragraph (b) above does not apply to educational psychologists offered appointments before 1 June 2000 so long as:
(a) they remain in their present rank or get promoted to a higher rank in the same grade in their school; or
(b) they are deployed to the same rank from one aided school to another under the same sponsoring body; or
(c) they transfer to the same rank without a break of service within the aided school sector.
Transfer within a period of 45 days will not be taken as break of service.
(updated on 1 November 2012)
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 11B
Paid Annual Leave Entitled by School-based Speech Therapists
School-based speech therapists paid out of the Salaries Grant, who do not entitle school holidays, will be granted full pay leave on an annual basis. Such leave shall be taken during the major school holidays, subject to mutual agreement between the school and the staff. No replacement will be granted for school-based speech therapists on such leave. The entitlement of school-based speech therapists to annual leave with pay is as follows:
Salary Point Less than 10 years of service 10 years of service and over MPS Point 16 -33 18 days 22 days
(updated on 1 September 2019)
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 11C
Paid Annual Leave Entitled by Primary School Assistant Social Work Officers
Primary School Assistant Social Work Officers paid out of the Salaries Grant, who do not enjoy school holidays, will be granted full pay leave on an annual basis. Such leave shall be taken during the major school holidays, subject to mutual agreement between the school and the staff. No replacement will be granted for Primary School Assistant Social Work Officers on such leave. The entitlement of Primary School Assistant Social Work Officers to annual leave with pay is as follows:
Salary Point Less than 10 years of service 10 years of service and over MPS Point 16 -33 18 days 22 days
(updated on 1 September 2018)
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 11D
Paid Annual Leave Entitled by School Executive Officers
School executive officers paid out of the Salaries Grant, who do not entitle school holidays, will be granted full pay leave on an annual basis. Such leave shall be taken during the major school holidays, subject to mutual agreement between the school and the staff. No replacement will be granted for school executive officers on such leave. The entitlement of school executive officers to annual leave with pay is as follows:
Salary Point Less than 10 years of service 10 years of service and over MPS Point 15 -27 18 days 22 days
(updated on 1 September 2019)
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 11E
Paid Annual Leave Entitled by Clerical Staff Paid out of Salaries Grant
1. For those clerical staff paid out of the Salaries Grant who were appointed before 1 June 2000, the School Management Committee may grant paid leave up to 14 days per annum to those with less than 10 years’ service and 22 days per annum to those with more than 10 years’
service.
2. For those clerical staff paid out of the Salaries Grant and offered appointments on or after 1 June 2000, their entitlement to annual leave with pay is as follows -
Salary point Less than 10 years of service 10 years of service and over
(Master Pay Scale) (working days per year)
Pt. 0-13 14 18
Pt. 14 and above 18 22
3. The leave entitlement in paragraph 2 above does not apply to those clerical staff paid out of the Salaries Grant who were offered appointment before 1 June 2000 so long as -
(a) they remain in their present rank or get promoted to a higher rank in the same grade in their school; or
(b) they are deployed to the same rank from one aided school to another under the same sponsoring body; or
(c) they transfer to the same rank without a break of service within the aided school sector.
Transfer within a period of 45 days will not be taken as break of service.
4. Paid leave shall be taken during major school holidays.
CODE OF AID FOR PRIMARY SCHOOLS
Appendix 12