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The statutory maternity leave (“ML”) under the Employment Ordinance (“EO”) (Cap. 57) has been extended from 10 weeks to 14 weeks effective from December 11, 2020. Through the Reimbursement of Maternity Leave Pay (“RMLP”) Scheme , employers can apply for reimbursement of the statutory maternity leave pay (“MLP”) paid to employees in respect of the 11th to 14th weeks, subject to a cap of $80,000 per employee. Employers may apply to the RMLP Scheme for reimbursement of such MLP paid.
1. Criteria for Application
An application must meet the following requirements:
- the employee pertinent to the application employed by the employer (“applicant”) is covered by EO;
- the employee is entitled to ML and MLP under EO;
- the employee has taken her ML and the applicant has paid 14 weeks’ MLP to the employee;
- the employee’s confinement occurs on or after 11 December 2020; and
- the additional four weeks’ MLP paid to the employee has not been / will not be covered / subsidized by other government funding.
2. Application Procedures and Information
Employers should submit applications not later than 3 months after the last day of the employee’s 14 weeks’ statutory ML under the EO.
To apply for the RMLP scheme, employers can apply via the RMLP scheme’s official website, or visit the RMLP’s service center at 19/F, Tower A, Manulife Financial Centre, 223 Wai Yip Street, Kwun Tong, Kowloon. Employers should make an appointment before visiting the RMLP scheme’s service center.
Employers can also send their application to the RMLP scheme via the following channels:
- Email to enquiry@rmlps.hk
- Fax to (852) 2178 0328
- Post to the Reimbursement of Maternity Leave Pay (“RMLP”) Scheme’s service center (19/F, Tower A, Manulife Financial Centre, 223 Wai Yip Street, Kwun Tong, Kowloon).
3. Full list of information and supporting documents required
Employers should submit one application for each employee. The full list of information and supporting documents required for applying for the RMLP scheme:
a. A completed Employer Application Form (Employers can fill in the application form online directly)
b. A completed Employee Declaration Form (Employers are advised to arrange the employee to complete it prior to the commencement of her maternity leave (“ML”) as far as possible)
c. A copy of the following supporting documents: payment proof of the 14 weeks’ maternity leave pay. Please provide third-party payment proof as far as possible which will facilitate the processing of the applications.
Examples of third-party payment proof:
- bank transaction records (e.g. ATM records);
- bank statements (e.g. salary transfer statement showing the names of the employer (“applicant”) and the employee with relevant details); or
- cheques issued by the applicant to the employee with relevant bank clearing record (e.g. passbook).
Examples of non-third-party payment proof:
- the employee’s acknowledgement receipt of payment;
- cheques issued by the applicant to the employee without bank clearing record; or
- salary slips.
d. Proof of a bank account for receiving reimbursement:
- Must be submitted for applicants making first-time applications.
- Please provide the account information of a local Hong Kong Dollar savings or current bank account.
- The name of the account holder should be the same as the name of the applicant. Applicants should not use another person / company’s bank account for receiving reimbursement.
- Examples of proof of bank account
- monthly bank statement or passbook of the applicant’s bank account showing the account holder’s English name and account number.
e. Registration / identity document relating to the applicant:
- The name shown on the registration / identity document relating to the applicant (e.g. Business Registration Certificate, the Hong Kong Identity Card) must be the same as the name of the applicant.
- The registration / identity document should be valid.
- Examples of the registration / identity documents:
- Business Registration Certificate;
- for organizations without business registration but are incorporated under ordinances of Hong Kong, the registration document (if applicable) under that ordinance (e.g. Certificate of Registration of a Society under the Societies Ordinance, Certificate of Registration of School under the Education Ordinance, etc.); or
- for an applicant who is an individual without any business registration, the Hong Kong Identity Card / passport.
f. Employee’s pregnancy proof
- Examples of pregnancy proof:
- medical certificate specifying the expected date of confinement of the employee;
- medical certificate or certificate of attendance for medical examination in relation to pregnancy by the employee; or
- birth certificate showing the employee as the mother of the child.
If required, employers will be requested to provide further information (e.g. payment proof of the 12 months’ wages immediately preceding the commencement of the employee’s ML, employment contract, etc.).
4. Processing times
For an application submitted via the RMLP’s service center, email, post or fax, a receipt of acknowledgement with an application number will be issued to the applicant by email or post. If applicants do not receive any notification within 7 working days after submitting the application, please call the RMLP scheme’s service hotline to follow up.
The RMLP scheme’s hotline: (852) 2636 6353
Office hours: Monday to Friday: 9:00 am to 1:00 pm; 2:00 pm to 6:15 pm
(Not in service on Saturdays, Sundays and public holidays)
5. Reimbursement Calculator
Employers can calculate the estimated reimbursement amount by using the Reimbursement Calculator.
6. Download full set of application forms
Full set of application forms for RMLP comprising:
- Employer Application Form
- Employee Declaration Form
- Guidance Notes
Source: RMLPS
