Most Read Contributor in Hong Kong, September 2016
Keywords: LegCo, paternity leave, proposal,
Labour Advisory Board
Legislating for paternity leave has remained a hot topic for
debate in recent years. Following the implementation of a pilot
scheme to give male civil servants 5 days of paternity leave, the
Labour Advisory Board (LAB) has recently endorsed the
Government's proposal to give new fathers 3 days' paternity
A Proposal on Legislating for Paternity Leave will be tabled for
discussion in the Legislative Council Panel on Manpower on Friday,
25 January 2013.
The proposed details of the statutory paternity leave are as
The duration will be set at 3 days.
It will apply for births in marriage and outside marriage.
Whether the child is born within marriage or not, the male
employee is required to produce to his employer documentary proof
of the father-child relationship. In most cases this will be the
birth registration record.
No restrictions will be imposed on the birthplace of the
The male employee must have been employed under a continuous
contract immediately before the first day of his taking the leave;
and if he has been employed under a continuous contract for 40
weeks or more immediately before the commencement of the leave, he
will be entitled to paternity leave pay.
Paternity leave pay will be set at a daily rate equivalent to
four-fifths of the employee's average daily wages prior to his
taking the paternity leave.
The male employee will be allowed to take paternity leave at
any time during the period from the date four weeks before the
expected date of confinement to 10 weeks after the actual date of
the childbirth. He may take all 3 days of paternity leave in one go
or on discrete days.
The male employee will be required to inform his employer of
his partner's pregnancy and expected date of confinement in
advance. He should also inform his employer of the exact date on
which he plans to take the leave shortly before the commencement of
the paternity leave. If he does not inform his employer
accordingly, then paternity leave on the requested date would be
subject to his employer's consent.
Employers may allow a male employee to go on paternity leave
first and subsequently grant paternity leave pay to him after he
has produced the relevant proof of the father-child relationship.
If payment is effected before the provision of proof and the
employee fails to furnish the relevant proof within a specified
period of time, it will be permitted for the employer to make a
deduction from the employee's wages for the amount of paternity
leave pay granted.
The legislation has not yet been finalised and we will keep you
updated with any latest development on this topic.
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This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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