29 April 2022 To: Supervisors and Principals of Kindergartens, Kindergarten-cum-Child Care Centres and Schools with Kindergarten Classes

網址 : http://www.edb.gov.hk 電子郵件 : [email protected] Web site : http://www.edb.gov.hk E-mail : [email protected]

中 華 人 民 共 和 國 香 港 特 別 行 政 區 政 府 總 部 教 育 局 Education Bureau

Government Secretariat, The Government of the Hong Kong Special Administrative Region The People’s Republic of China

香港灣仔皇后大道東213 號 胡忠大廈 14 樓 1402 室 教育局幼稚園行政 2 組

Kindergarten Administration 2 Section, Education Bureau, Room 1402, 14/F, Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong 本局檔號 Our Ref.: L/M(1) to EDB(KGA2-1)/Grant/7 電話 Telephone: 2892 6669

來函檔號 Your Ref.: 傳真Fax Line: 3691 8021

29 April 2022

To: Supervisors and Principals of Kindergartens, Kindergarten-cum-Child Care Centres and Schools with Kindergarten Classes (hereafter collectively referred as “KGs”)

Dear Sir/Madam,

Work Arrangements for Pregnant Teachers Under the COVID-19 Epidemic

The Government encourages all those suitable for vaccination (including pregnant school staff) to receive vaccination as soon as possible in order to keep themselves, family members and the community safe. On the other hand, the “Vaccine Pass” arrangement has been implemented in schools since 24 February 2022. Except for exempted persons, all school staff and visitors (including pregnant women) are required to comply with the requirements of “Vaccine Pass” for entry into school premises. Please refer to the letter to schools issued by the Education Bureau (EDB) on 11 April this year for the latest details of EDB’s vaccination requirements for school staff.

Work Arrangements for Pregnant Government Employees

In principle, pregnant school staff could return to school to work normally if they have received vaccination timely and comply with EDB’s vaccination requirements for school staff.

On the other hand, starting from 22 February this year, all pregnant Government employees will be allowed to work entirely from home until further notice. The Government has clearly requested its employees (including pregnant staff in Government schools) that they should avoid leaving their residences unnecessarily when they work from home (WFH). For Government schools, they should try their best to deploy other school staff to take up those duties which must be performed physically at school by the pregnant school staff during their WFH period. If the above is found not feasible after prudent consideration, schools could make arrangement to employ additional staff according to the actual needs.

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The Government has all along been reminding its pregnant employees to receive vaccination timely so as to comply with the vaccination requirements for Government employees.

The Government has made clear that there is no exemption of vaccination requirements for pregnant employees and the consequences of non-compliance. If the Government announces that the WFH arrangement for pregnant employees (including pregnant staff of Government schools) ceases to be in force, or when the Government employees return to their places of work after maternity leave, they should comply with the prevailing vaccination requirements for Government employees.

School Arrangements

The EDB has also notified all schools (including KGs) of the above arrangements on 14 March this year. In this regard, school management committees/ incorporated management committees, taking into account the school-based circumstances and the content of their employment contracts, could formulate appropriate work arrangements with their pregnant school staff, which include allowing pregnant school staff directly employed by the school to completely WFH until further notice, by drawing reference to the above requirements for Government schools. The Government will review the above arrangements from time to time and make appropriate adjustments. Schools should keep in view and update the corresponding arrangements. If the Government ceases the arrangement for pregnant staff as mentioned in the previous paragraph, pregnant staff of all schools should return to school for work upon compliance with EDB’s vaccination requirements for school staff. Schools should remind pregnant school staff to receive vaccination timely in order to fulfil EDB’s requirements.

Arrangements for KGs Joining the Kindergarten Education Scheme (Scheme-KGs)

Considering that schools should return to normal operation and students should resume face-to-face classes, some duties of teachers however may not be practicably performed at home.

If pregnant teachers of Scheme-KGs choose to completely WFH, Scheme-KGs may employ supply teachers to temporarily perform the relevant duties of the pregnant teachers, in particular the classroom teaching provided that the KGs, after prudent consideration of the requirements in teacher-to-pupil ratio¹, school-based circumstances as well as the employment contracts of the teachers concerned, conclude that internal re-deployment of duties is not feasible. Meanwhile, schools should assign suitable duties to the WFH teachers. The EDB will provide Special Supply Teacher Grant for Scheme-KGs in this regard. The Special Supply Teacher Grant will cease immediately when the pregnant teachers return to school for work or the completely-WFH arrangement for pregnant teachers ceases to be in force. KGs should keep records of the points of consideration for making the arrangements for EDB’s scrutiny if needed. During the WFH period of the pregnant teachers, they should stay at home to perform duties as assigned by the school and should not leave their residences unnecessarily during working hours.

1 At present, the minimum number of teachers required to be present and on duty in a KG shall, in relation to the number of pupils present at any time in the KG, be one teacher for every 15 pupils or part thereof. The principal of the KG can be counted as one of the teaching staff and at least one teacher has to be present in a class.

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Under the aforesaid circumstances, Scheme-KGs may submit applications to the EDB for the Special Supply Teacher Grant to reimburse relevant expenses. If the original pregnant teachers also work in the child care centre section and/or the non-local curriculum stream of the KGs at the same time, the KGs concerned should apportion the expenses based on their duties and the EDB will reimburse the relevant expenses incurred by the KG section joining the Scheme.

Scheme-KGs should employ supply teachers possessing Certificate in Early Childhood Education [C(ECE)] or above qualifications. If a KG employs a supply teacher possessing other qualifications because of special circumstances (such as recruitment difficulties), the KG should provide strong justifications and adequate support to the supply teacher to ensure the quality of the education service. The arrangement for allowing pregnant teachers to WFH may change in tandem with the development of the epidemic. If this arrangement is cancelled, the employment of additional supply teachers will no longer be applicable. In view of the above, KGs should first employ the relevant supply teachers on a daily-paid basis. When the employment period is up to 90 consecutive calendar days or more, KGs may, according to their own needs and circumstances, change the employment terms to monthly-paid basis and adjust the difference accordingly. In the 2021/22 school year, the daily rate for a supply teacher possessing C(ECE) or above qualifications is $991 and the monthly salary should be determined in accordance with the salary range for basic rank teachers under the Scheme (in the 2021/22 school year, the monthly salary ranges from $22,790 to $40,530). In any cases, the salary of the supply teacher should not be higher than that of the original teacher.

Scheme-KGs applying for the Grant should complete the application form (Appendix 1) and submit it to the EDB together with supporting documents certified by the school supervisor or the principal. Relevant supporting documents include: (i) original copy of the medical certificate specifying the expected date of confinement of the pregnant teacher; (ii) duplicate copy of documentary proof on salary of the pregnant teacher; (iii) original copy of the salary payment receipt(s) signed by the supply teacher(s); and (iv) duplicate copy of the qualification document(s) of the supply teacher(s). The application form can also be downloaded from the EDB website (EDB Homepage > Education System and Policy > Kindergarten Education >

Kindergarten Education Scheme). KGs should remunerate supply teachers in accordance with the Employment Ordinance. Some supply teachers may be employed for longer periods, possibly resulting in the change of the employment terms from daily to monthly. As such, the KGs concerned should submit their first applications only after the supply teachers have served for 3 months.

For avoidance of doubt, even though schools may need to temporarily suspend face-to- face classes following the instruction from the Centre for Health Protection, schools could still employ supply teachers if other diverse modes to support students’ learning at home are adopted on the condition that these supply teachers will continue to perform the relevant duties.

Regarding the accounting and audit arrangements, KGs are required to reflect the income and expenditure of the Grant in the audited accounts to be submitted to the EDB annually. All records and related receipts/invoices should be made available to the EDB for inspection when required.

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Kindergartens not joining the Scheme could draw reference to the above arrangements.

Relevant expenses should be borne by schools.

For enquiries, please contact the Kindergarten Administration 2 Section on 2892 6546 or 2892 6364.

Yours sincerely,

(Ms Y Y SO)

for Permanent Secretary for Education

Appendix 1 To: Kindergarten Administration 2 Section (Room 2329, 23/F, Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong)

Name of kindergarten: _______________________________________________ District: ____________________ School no.: _____________________________

[Name of school contact person: _______________ Post title: ___________ Contact number: ___________ (for EDB’s enquiries where necessary in processing this application)]

As the following pregnant teacher has chosen to work from home (WFH) completely, our school is applying for reimbursement of the salary¹ paid to the supply teacher and the contribution made by our school for him/her to the Mandatory Provident Funds (MPF) Scheme² (if applicable). Details are as follows:

Part A Particulars of Teachers The WFH pregnant teacher

Name First time application ^#Yes / No

Monthly

salary $

WFH period³ From ______________________________

（dd/mm/yyyy）

To _________________________________

（dd/mm/yyyy） Expected confinement date ___________________________________

（dd/mm/yyyy）

The supply teacher(s)⁴

Name

Possessing a Certificate in Early

Childhood Education or above

qualification

Substitution period Daily salary/

Monthly salary

(a)

Actual no. of working days/months⁵

(b)

Salary (Not including

MPF contribution)

(c)

Employer’s contribution under

the MPF Scheme (if applicable)

(d)

Total amount⁶

(c) + (d) = (e) From

(dd/mm/yy)

To (dd/mm/yy)

1. ^#Yes / No

#Daily/Monthly salary

$ ^_______ Month(s)

______ Day(s) $ $ $

2. ^#Yes / No

#Daily/Monthly salary

$ ^_______ Month(s)

______ Day(s) $ $ $

Total of column(e): $

Proportion of work in the KG portion joining the Scheme for the WFH pregnant teacher______%

#Please delete as appropriate.

Total amount

applied $ [total of column (e)] x % $

@ The WFH arrangement may change in tandem with the development of the epidemic. If the Government cancels the WFH arrangement for pregnant staff, the Grant will cease immediately.

Kindergarten Education Scheme (Scheme) Special Supply Teacher Grant

Application Form

(This form is only applicable to the employment of supply teacher(s) due to the completely-work-from-home arrangement for pregnant teachers on or after 3 May 2022^@.)

2 Note:

1. In determining / calculating the salary of the supply teacher, please take note of the following:

(i) The arrangement for allowing pregnant teachers to WFH may change in tandem with the development of the epidemic. If this arrangement is cancelled, the employment of supply teachers will no longer be applicable. In view of the above, the KG should first employ the relevant supply teacher on a daily- paid basis. When the employment period of the supply teacher is up to 90 consecutive calendar days or more, the KG may, according to its own needs and circumstances, employ the supply teacher on monthly terms from the employment start date and adjust the difference accordingly.

Example 1:

Scenario:

A KG employs a supply teacher from 3 May as a pregnant teacher chooses to WFH till the last school day of the 2021/22 school year (i.e. 12 August).

Arrangements for the supply teacher:

The KG should first employ the supply teacher on a daily-paid basis from May to July. When the employment period of the supply teacher is up to 90 consecutive calendar days or above (i.e. from 31 July), the KG may change to employ him/her on monthly terms and adjust his/her salary for May to July.

Example 2:

Scenario:

A KG employs a supply teacher from 16 May as a pregnant teacher chooses to WFH. Her maternity leave starts on 20 June and the KG continues to employ the same supply teacher until the end of the school year on 16 August.

Arrangements for the supply teacher:

The KG should first employ the supply teacher on a daily-paid basis from 16 May to 12 August. Upon confirming that the final employment period of the supply teacher is up to 90 consecutive calendar days or above, the KG may change to employ him/her on monthly terms from 16 May to 16 August and adjust the difference accordingly. When filling in this application form, the KG only needs to provide employment details of the supply teacher during the WFH period of the pregnant teacher from 16 May to 19 June. The completed application form should be submitted together with that for the application of the Staff Relief Grant for reimbursement of the expenses of employing the supply teacher (i) during the WFH period of the pregnant teacher from 16 May to 19 June and (ii) the maternity leave period from 20 June.

(ii) In determining the daily rate and monthly salary of the supply teacher, please refer to the Monthly Salary Ranges and Daily Rates set under Staff Relief Grant.

(iii) In any cases, the salary of the supply teacher should not be higher than that of the original teacher or the ceiling of the salary range for basic rank teachers of the respective school year, whichever is the lower. Should the salary of the original teacher change during the WFH period (e.g. a pay rise according to the established incremental date), the salary of the supply teacher will not be affected.

(iv) If a supply teacher who is employed on a monthly-paid basis does not serve for an entire month, his/her salary of that month will be calculated on a pro- rata basis [average daily salary of the supply teacher (i.e. monthly salary of the supply teacher x 12 months ÷ 365 days) x no. of calendar days of employment in that month].

2. The KG is required to contribute to MPF Scheme if the supply teacher’s employment period reaches 60 calendar days.

3. Special Supply Teacher Grant only covers the expenses incurred from the employment of supply teacher(s) for pregnant teachers choosing to WFH completely on or after 3 May 2022.

4. The KG should employ one supply teacher to take up the duties of a pregnant teacher working from home. If the KG needs to employ another supply teacher because of special circumstances (e.g. the first supply teacher resigns in the middle of the employment period), the KG should list out the particulars such as the name, employment period, salary, etc. of each supply teacher separately.

5. The number of actual working days of daily-paid teachers should exclude public holidays, discretionary holidays and any days on which teachers are not required to perform duties.

6. The amount applying for reimbursement of each supply teacher should not be higher than the relevant amount as indicated in Appendix 2.

3 Part B Supporting Documents to be Submitted

Our school has completed the above application form and submitted the following documents:

□ 1. Original copy of the medical certificate of the pregnant teacher working from home (specifying the expected date of confinement);

□ 2. Duplicate copy of documentary proof of the salary of the pregnant teacher working from home (certified by the school ^#supervisor / principal and with his/her signature as well as the school chop);

□ 3. Original copy of the salary payment receipt(s) signed by all supply teachers (please refer to the template at Appendix 2);

□ 4. Duplicate copy of the qualification document(s) of the supply teacher(s) (certified by the school ^#supervisor / principal and with his/her signature as well as the school chop); and

□ 5. Others (please specify if necessary: ________________________________________________________________________________ )

Part C Declaration

I confirm that:

(i) Ms. / Mrs. ______________________(whose name must be the same as that of the pregnant teacher working from home on the first page) has chosen to completely work from home. After prudent consideration of the requirement in teacher-to-pupil ratio, school-based circumstances as well as the employment contracts of the teacher concerned, our school has concluded that internal re-deployment of duties is not feasible and a supply teacher should be employed;

(ii) The above-mentioned pregnant teacher has not started her maternity leave in the period for which reimbursement of the Special Supply Teacher Grant covers;

(iii) Our school has observed the employment procedures set out in EDBC No.7/2021 including requiring the supply teacher to conduct the Sexual Conviction Record Check and accessing the check result through the Auto-Telephone Answering System;

(iv) The supply teacher employed should be a registered teacher or he/she has already attained the qualifications required for applying as a registered or permitted teacher, and he/she has already submitted an application for registration before assumption of duties. Our school has also verified the true copy of identification documents of the supply teacher and the Certificate of Registration as a Teacher and/or enquired about his/her registration status and relevant information;

(v) (If applicable) Our school has employed a supply teacher with other qualifications because of special circumstances (such as recruitment difficulties) and we have strong justifications and have provided adequate support to ensure the quality of the education service;

(vi) Our school has paid the salary to the supply teacher and relevant expenses for fulfilling other statutory obligations; and

(vii) If the amount granted to our school exceeds the amount that our school is entitled, our school will return the overpaid amount to the Government.

#Signature of School Supervisor / Principal:

#Signature of School Supervisor / Principal:

Date of application:

School chop

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Appendix 2

Salary Payment Receipt of the Supply Teacher for the Pregnant Teacher Working From Home

As __________________ (Name) of our school worked from home because of her pregnancy from ____________ (dd/mm/yyyy) to ____________ (dd/mm/yyyy), during which the following supply teacher was employed to carry out her duties. The total salary at the amount of $____________ was paid to the supply teacher concerned and the employer’s contribution of $____________was made to the Mandatory Provident Fund (MPF) approved trustee account (if applicable).

Name of Supply Teacher:

Employment Period: From to

#Daily / Monthly Salary: $

#Actual No. of Working Days / Months: Month(s) Day(s) Total Amount of Salary: $

Total Amount of Employer’s Contribution to the MPF Approved Trustee Account (if applicable): $

I acknowledge receipt of the abovementioned amount:

_______________________ ______________________ _____________________

Name of Supply Teacher Signature Date

#Signature of Supervisor / Principal: ________________

Name of Kindergarten: __________________________

Date: ________________________________________

#Please delete as appropriate.

School Chop