Jurisdiction - Hong Kong
News
Hong Kong – Paternity Leave: Commencement Of Statutory Entitlement.

23 March, 2015

 


On 18 December 2014, the Legislative Council passed the Employment (Amendment) Bill 2014 under which paternity leave became a statutory entitlement from 27 February 2015, being the commencement date of the Employment (Amendment) Ordinance 2014.

 

Under this ordinance:

 

  • new fathers are entitled to three days’ paid leave if he has been employed under a continuous contract for a period of not less than 40 weeks immediately before taking such leave, and he has given advance notice to his employer in accordance with the stipulations;
  • for employees who do not satisfy the 40 weeks employment requirement for paid paternity leave, he is entitled to three days’ unpaid paternity leave;
  • multiple births in one single pregnancy will not entitle the employee to any additional paternity leave days;
  • the paternity leave may be taken, consecutively or separately, at any time during the period from 4 weeks before the expected date of delivery to 10 weeks beginning on the actual delivery date;
  • the employer must be notified at least three months before the expected date of delivery and two days before the date on which the paid leave is to be taken.  However, if the employee fails to give three months’ notice to his employer, he may give five days’ notice before the proposed date of paternity leave; and
  • payment for paternity leave will be at four-fifths of the employee’s average daily wages, which mirrors statutory maternity leave pay.

 

An employer who fails to comply with the paternity leave provisions without reasonable excuse commits an offence and will be liable to a maximum fine of HKD 5ok.

 

Hogan Lovells

 

For further information, please contact:

 

Jamie Barr, Partner, Hogan Lovells

jamie.barr@hoganlovells.com

 

Tim Fletcher, Partner, Hogan Lovells

tim.fletcher@hoganlovells.com

 

Terence Lau, Partner, Hogan Lovells

terence.lau@hoganlovells.com

 

Mark Parsons, Partner, Hogan Lovells

mark.parsons@hoganlovells.com

 

Nelson Tang, Partner, Hogan Lovells

nelson.tang@hoganlovells.com

 

Thomas Tarala, Partner, Hogan Lovells

thomas.tarala@hoganlovells.com

 

Steven Tran, Partner, Hogan Lovells

steven.tran@hoganlovells.com

 

Homegrown Labour & Employment Law Firms in Hong Kong 

 

Comments are closed.