Protection for Pregnant Employee During the COVID-19 Pandemic
The Employment Ordinance does not contain provision for pregnant employee who is concerned about possible infection at the workplace to be absent from work during the COVID-19 pandemic.
However, the Employment Ordinance requires an employer not to assign job duties to a pregnant employee which are injurious to her pregnancy if she can produce a medical certificate with an opinion indicating her unfitness to perform such job duties.
An employer should therefore as far as practicable work out with the pregnant employee mutually agreeable arrangements. For example, the employer may redeploy the pregnant employee to a position with no or less contact with the public, or allow her to work from home by using telephone, e-mail, fax, etc.
The Labour Department also urge the employer to be compassionate and flexible and to consider granting the pregnant employee paid leave until COVID-19 infection comes under control.
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