[Hong Kong] [Regulatory] Five-day statutory paternity leave effective on 18 January

[Hong Kong] [Regulatory] Five-day statutory paternity leave effective on 18 January

The Employment (Amendment) (No. 3) Ordinance 2018 (Amendment Ordinance) commenced on 18 January 2019.

Under the Amendment Ordinance, for male employees with a child born on or after 18 January 2019, their paternity leave entitlement is increased from three days to five days for each confinement of their spouse/partner if they have been employed under a continuous contract and have notified their employers in accordance with the law.

About Paternity Leave

A male employee is entitled to 3 days’ paternity leave for each confinement of his spouse/partner if he –

1. is the father of a new-born child or a father-to-be;
2. has been employed under a continuous contract; and
3. has given the required notification to the employer.

Taking of Paternity Leave

The employee must notify his employer of –

1. his intention to take paternity leave at least 3 months before the expected date of delivery of the child (exact date of leave not required at this stage); and
2. the date of his paternity leave before taking the leave .

If the employee fails to give the above mentioned 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.

If the employer so requests, the employee must provide his employer with a written statement signed by him stating –

1. the name of the child’s mother;
2. the expected/actual date of delivery of the child; and
3. that he is the child’s father.

The employee may take paternity leave at any time during the period from 4 weeks before the expected date of delivery of the child to 10 weeks beginning on the actual date of delivery of the child. The employee may take all 5 days of paternity leave in one go or on separate days.

Payment for Paternity Leave

The daily rate of paternity leave pay is a sum equivalent to four-fifths of the average daily wages earned by an employee in the 12-month period preceding the day of paternity leave. If an employee takes more than one day of paternity leave consecutively, the daily rate of paternity leave pay is a sum equivalent to four-fifths of the average daily wages earned by the 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.

Offences and Penalties

An employer who fails to grant paternity leave or paternity leave pay to an eligible employee is liable to prosecution and, upon conviction, to a fine of HK$50,000.