Statutory Paternity Leave
The Employment (Amendment) (No.3) Ordinance 2018 (Ordinance) comes into operation on 18 January 2019.
According to the Ordinance, a male employee with child born on or after 18 January 2019 are entitled to 5 days’ paternity leave for each confinement of his spouse/partner if :
1. he is the father of a new-born child or a father-to-be; and
2. he has been employed under a continuous contract; and
3. he has given the required notification to the employer.
Notification to employer
The employee must notify his employer the following :
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; and
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; and
2. the expected/actual date of delivery of the child; and
3. that he is the child’s father.
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.
For legal advice or services on employment disputes, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public [cac@ccsn.hk / +852 2856 3799]
www.ccsn.hk
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