Pursuant to the Employment (Amendment) Ordinance 2014, male
employees with a child born on or after February 27, 2015 are now
entitled to three days' paternity leave for each confinement of
their spouse or partner, if they have been employed under a
continuous contract and have notified their employers in accordance
with the law. Further, if the employee has been employed under a
continuous contract for not less than 40 weeks immediately before
the day of paternity leave and has provided the birth certificate
of his child to his employer within the stipulated period, the
employer must pay him paternity leave pay in respect of the
paternity leave taken by him at the rate of four-fifths of his
average daily wages. Employees may take paternity leave at any time
during the period from four weeks before the expected date of
delivery of the child to 10 weeks beginning on the actual date of
the child's delivery. The three days of paternity leave may be
taken altogether or on separate days.
However, employers and employees are also advised to observe
their obligations under the Personal Data (Privacy) Ordinance in
relation to the disclosure and use of personal data of the mother
of the employee's child for the purpose of granting or claiming
paternity leave and paternity leave pay. Employees should obtain
the consent of the child's mother before disclosing her
personal data to the employers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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