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Employment Ordinance Chapter 7 (Paternity Leave)

Employment Ordinance Chapter 7 (Paternity Leave)

Paternity Leave

A male employee is entitled to 51 days’ paternity leave for each confinement of his spouse/partner if he – 1. is the father2 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 3. If the employee fails to give the abovementioned 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 144 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

A male employee is entitled to paternity leave pay if he –

1. has been employed under a continuous contract for not less than 40 weeks immediately before the day of paternity leave; and

2. has provided the required document to the employer within the following period (whichever period expires first) – (i) 12 months after the first day of paternity leave taken; or (ii) if he ceases to be employed, within 6 months after cessation of employment.

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.

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