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Maternity Policy
I need a maternity policy that outlines the entitlements and procedures for employees taking maternity leave, including the duration of leave, pay entitlements, and any additional support provided by the company, in compliance with Hong Kong labor laws. The policy should also address the process for notifying the employer and any requirements for returning to work.
What is a Maternity Policy?
A Maternity Policy outlines how an organization handles pregnancy-related leave and benefits for employees. It spells out key rights under Hong Kong's Employment Ordinance, including the 14 weeks of statutory maternity leave, payment arrangements, and job protection measures for expecting mothers.
The policy typically covers notice requirements, medical appointment arrangements, and return-to-work procedures. It also explains additional company-specific benefits beyond the legal minimum, such as flexible working hours or extended leave options. Good policies help both employees and managers understand their obligations and create a supportive environment for working parents.
When should you use a Maternity Policy?
Organizations need a Maternity Policy when hiring their first female employees or expanding their workforce in Hong Kong. It's essential to have this policy in place before pregnancy-related situations arise, as it helps prevent confusion, ensures legal compliance, and sets clear expectations for everyone involved.
Use the policy during employee onboarding, when announcing company-wide benefit updates, or when handling specific maternity leave requests. It becomes particularly valuable during workforce planning, helping managers coordinate temporary coverage and maintaining smooth operations while supporting expecting mothers. Having clear guidelines ready also reduces the risk of discrimination claims and promotes a family-friendly workplace culture.
What are the different types of Maternity Policy?
- Parental Indemnity Agreement: A specialized addition to basic maternity policies that protects both employer and employee during extended leave arrangements or flexible working agreements
- Maternity Letter To Employer: The employee-side companion document to formal maternity policies, helping staff properly notify and document their leave intentions
- Basic Policy: Covers minimum statutory requirements including 14 weeks leave and pay calculations
- Enhanced Policy: Offers additional benefits beyond legal minimums, such as extended leave periods or supplementary allowances
- Hybrid Policy: Combines standard maternity provisions with flexible working arrangements and gradual return-to-work options
Who should typically use a Maternity Policy?
- HR Managers: Draft and implement the Maternity Policy, ensure compliance with Hong Kong employment laws, and handle leave applications
- Legal Teams: Review policy content, update provisions as regulations change, and advise on complex cases
- Female Employees: Primary beneficiaries who rely on the policy for understanding their maternity rights and responsibilities
- Line Managers: Apply the policy day-to-day, plan workflow coverage during leave periods, and support returning staff
- Company Directors: Approve policy terms, especially for enhanced benefits beyond statutory requirements
- Labour Department: Oversees compliance with maternity protection laws and investigates complaints
How do you write a Maternity Policy?
- Current Law Review: Check Hong Kong's latest Employment Ordinance requirements for maternity leave duration and pay calculations
- Company Details: Gather information about your organization's size, industry, and any existing leave policies
- Benefit Decisions: Determine if you'll offer benefits beyond the statutory minimum of 14 weeks paid leave
- Process Mapping: Document your leave application, approval, and return-to-work procedures
- Policy Format: Use our platform to generate a legally compliant template that includes all mandatory elements
- Internal Review: Have HR and department heads review the draft for practical implementation
- Communication Plan: Prepare clear guidelines for announcing and explaining the policy to staff
What should be included in a Maternity Policy?
- Eligibility Criteria: Clear conditions for maternity leave entitlement under Hong Kong law, including continuous employment requirements
- Leave Duration: Statutory 14-week maternity leave period and any additional company-specific extensions
- Payment Terms: Calculation method for maternity leave pay at four-fifths of normal wages
- Notice Requirements: Procedures for pregnancy notification and leave application
- Medical Documentation: Required certificates and appointment attendance rules
- Job Protection: Guarantee of position security during maternity leave period
- Return Procedures: Process for resuming work and any flexible arrangements
- Additional Benefits: Any company-specific enhancements beyond statutory minimums
What's the difference between a Maternity Policy and an Adoption Policy?
A Maternity Policy differs significantly from an Adoption Policy, though both deal with parental rights in the workplace. While they share some common ground in protecting employees' family-related benefits, their specific provisions and legal requirements in Hong Kong vary considerably.
- Legal Framework: Maternity Policies are governed by specific sections of the Employment Ordinance regarding pregnancy, while Adoption Policies follow different statutory provisions and timelines
- Leave Duration: Maternity Policies must provide 14 weeks of statutory leave, whereas adoption leave requirements are typically shorter and more flexible
- Documentation Requirements: Maternity Policies require medical certificates and pregnancy notification, while Adoption Policies need adoption papers and agency documentation
- Payment Structure: Maternity leave pay is strictly regulated at four-fifths of normal wages, but adoption leave benefits often have more room for employer discretion
- Implementation Timing: Maternity leave has specific pre and post-birth timing requirements, while adoption leave can be more flexibly arranged around placement dates
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