A male employee under a continuous contract after giving notice, is entitled to 5 days of paternity leave for each confinement of his partner (need not be married) if he is the father or father-to-be.
Taking of Paternity Leave
The employee must give notice of his intention to take paternity leave at least 3 months before the expected date of delivery of the child; Or at least 5 days before the date of the leave.
If the employee fails to give 3 months’ advance notice to the employer, he must notify the employer of his date of paternity leave at least 5 days before that date.
The employee may take paternity leave at any time from 4 weeks before the expected date of delivery of the child to 10 weeks from the actual date of delivery of the child. All 5 days mat be taken in one go or on separate days.
The employer may request for a signed written statement by the employee, stating:
- the name of the child's mother
- the expected/actual date of the delivery of the child
- that he is the child's father
Paternity Leave Pay
A male employee is entitled to paternity leave pay if he has been employed under a continuous contract for at least 40 weeks before the day of paternity leave. And he has provided the required document to the employer either
- within 12 months after the first day of paternity leave taken; or
- within 6 months after cessation of employment; whichever period expires first.
If the required document has been provided before the paternity leave is taken, the employee must be paid not later than the next pay day after the day of paternity leave; or if the employee ceased to be employed, within 7 days after cessation of employment.
If the required document has been provided after the paternity leave is taken, the employee must be paid not later than the next pay day after the document is provided; or if the employee has ceased to be employed, within 7 days after the document is provided.
The daily rate of paternity leave pay is 80% of the average daily wages earned by an employee in the 12-month period preceding the first day of paternity leave. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period.
Document to be Provided
Birth in Hong Kong - the birth certificate of the child on which the employee’s name is entered as the child’s father.
Birth outside Hong Kong - the birth certificate of the child issued by the authorities of the place and on which the employee’s name is entered as the child’s father. If the authorities of the place do not issue birth certificates, then any other document issued that could reasonably be taken as proof that the employee is the child’s father.
If the child is born dead or dies after birth and no birth certificate has been issued in respect of the child - produce a medical certificate certifying the delivery of the child. The employer may request a signed written statement by the employee stating he is the father of the child delivered by the woman named in the medical certificate; and the child is born dead or died after birth.