What is the paternity leave entitlement in Hong Kong

Paternity Leave Entitlement in Hong Kong

Statutory paternity leave in Hong Kong is five days, provided under the Employment Ordinance (Cap. 57). An eligible male employee whose child is born on or after 1 January 2019 may take these leave days within a specified period following the birth. The entitlement applies to fathers of newborn children, including biological fathers and, where the employee is the father of the child, adoptive fathers.

Hong Kong Paternity Leave Pay

An employee taking paternity leave is entitled to paternity leave pay at the rate of four-fifths (80%) of the employee's average daily wages. This pay is calculated on the same basis as sickness allowance under the Employment Ordinance. The employer must pay the paternity leave pay no later than the normal pay day for the wage period in which the leave falls. If the employee does not take the full five days, the employer pays only for the days actually taken.

How Much Paternity Leave Hong Kong

The statutory entitlement is five consecutive days. The employee may choose to take fewer than five days, but the minimum is one day. The five days must be taken consecutively; they cannot be split into separate periods. The employee must notify the employer of the intention to take paternity leave and the chosen dates. The Labour Department advises that the employee should give notice as early as possible, though the Employment Ordinance does not prescribe a specific notice period for paternity leave.

Paternity Leave Eligibility Hong Kong

To qualify for paternity leave, the employee must have been employed under a continuous contract for not less than 40 weeks immediately before the expected date of confinement or the actual date of birth, whichever is earlier. The continuous contract requirement is determined by the 4-18 rule: the employee must have worked for four or more weeks, with at least 18 hours in each week, for the same employer. The employee must also be the father of the child and must give the employer notice of the pregnancy and the expected date of confinement, or the actual date of birth, as the case may be.

Employment Ordinance Paternity Leave

The Employment Ordinance (Cap. 57) governs paternity leave under Part IIIA. The statutory entitlement is separate from any contractual leave the employer may offer. Where the employee's contract provides more favourable terms, those terms prevail. The employee may take paternity leave at any time during the period beginning four weeks before the expected date of confinement and ending 10 weeks after the actual date of birth. The employee must give the employer at least five days' notice of the intended leave dates, or such shorter notice as the employer agrees to accept.

Taking Paternity Leave Flexibly

The employee may choose the start date of the five-day paternity leave period, provided it falls within the statutory window. The employer may not unreasonably refuse the chosen dates, but may require the employee to reschedule if the dates conflict with business operations. The employee may also take paternity leave in a single block of fewer than five days, but the days must be consecutive. Once the leave period begins, the employee may not change the dates without the employer's agreement.

Protection Against Dismissal

An employer may not dismiss an employee because the employee has taken or intends to take paternity leave. Dismissal for this reason is unlawful under the Employment Ordinance and constitutes a contravention of the statutory employment protection provisions. An employee who is dismissed while on paternity leave may claim remedies through the Labour Tribunal, including reinstatement or compensation. The employer must also not treat the employee less favourably in relation to terms and conditions of employment because of the leave.

Payment and Notice Requirements

The employer must pay paternity leave pay at the four-fifths rate on the normal pay day. The employee must provide a certificate of confinement or a statutory declaration confirming the birth if the employer requests it. The Labour Department recommends that the employer and employee agree on the notice procedure in advance. Where the employee fails to give the required notice, the employer may postpone the leave to a date that is mutually convenient, but may not refuse the leave altogether.