【Employer FAQ】Paternity Leave
1. Under what circumstances is a helper entitled to paid paternity leave?
A male helper is entitled to 5 days’ paid paternity leave for each confinement of his spouse/partner if he: has been employed for not less than 40 weeks immediately before the day of paternity leave; has given the required notification to the employer; and has provided the required document to the employer within the following period (whichever period expires first): 12 months after the first day of paternity leave taken; or if he ceases to be employed, within 6 months after cessation of employment.
2. How should the helper notify his employer of taking the paternity leave?
The helper must notify his employer of 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 the date of his paternity leave before taking the leave. If the helper 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.
3. When may paternity leave be taken?
The helper may take paternity leave at any time during the period from 4 weeks before the expected date of delivery of the child to 14 weeksNote 4 beginning on the actual date of delivery of the child. The helper may take all 5 days of paternity leave in one go or on separate days.
4. What is the required document to be provided by the helper for paternity leave pay?
The birth certificate of the child on which the helper’s name is entered as the child’s father. If the child is born dead or dies after birth and no birth certificate has been issued in respect of the child, the helper must produce a medical certificate certifying the delivery of the child.
5. What is the rate of paternity leave pay? When should it be paid?
The daily rate of paternity leave pay is a sum equivalent to four-fifths of the average daily wages* of the helper. If a helper has provided the required document to the employer before the day on which paternity leave is taken, the employer must pay him paternity leave pay: not later than the day on which he is next paid his wages after the day of paternity leave; or if the helper has ceased to be employed, within 7 days after cessation of employment. If a helper provides the required document to the employer after taking paternity leave, the employer must pay him paternity leave pay: not later than the day on which he is next paid his wages after the document is provided; or if the helper has ceased to be employed, within 7 days after the document is provided. Note 4: If the child is born before 11 December 2020, it is up to 10 weeks beginning on the actual date of delivery of the child. * For details of the calculation of paternity leave pay, please refer to “A Concise Guide to the Employment Ordinance”. Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labour Department.
Source: Practical Guide For Employment Of Foreign Domestic Helpers
