In this article
- 1. What Is Paternity Leave in Hong Kong?
- 2. Who Is Eligible for Paternity Leave in Hong Kong?
- 3. How Many Days of Paternity Leave Can Fathers Take?
- 4. When Can Paternity Leave Be Taken?
- 5. How Much Is Paternity Leave Pay in Hong Kong?
- 6. How To Apply for Paternity Leave?
- 7. What Documents Are Needed for Paternity Leave?
- 8. Can Employers Reject Paternity Leave?
- 9. How Can HR and Payroll Software Help Manage Paternity Leave?
- 10. Paternity Leave FAQs
A lot of working fathers in Hong Kong still are not very clear about what they can actually avail when a baby is born. Some think that the leave depends on company policy, and others assume it is unpaid unless you work for a large company. But statutory paternity leave is already part of Hong Kong’s employment law, and eligible employees do have legal protection.
The rules are not complicated, but many people only start searching for them a few weeks before the baby is due. That is usually when questions come up about payments, notice period, documents, and whether the paternity leave can be split.
Let’s go through a simple guide on how paternity leave works in Hong Kong.
What Is Paternity Leave in Hong Kong?
It is a leave given to fathers around the time their child is born. In Hong Kong, eligible male employees can take five days of statutory paternity leave for each child born.
This entitled leave was increased from three days to five days back in January 2019. Before that change, fathers had much lesser time to take care of their child.
The leave can be used to look after the baby at home, go for hospital visits or checkups, support the mother after delivery, or to spend time with the newborn during the first few days after the baby is born. Some fathers take all five days together. Some use one or two days first and keep the remaining days for later.
Note: The law also does not state that the employee must be married to the child’s mother.
Who Is Eligible For Paternity Leave in Hong Kong?
There are a few conditions attached to it. The employee must:
- Be the father or father-to-be
- Work under a continuous contract
- Inform the employer about taking leave
For paid paternity leave, the employee must also have worked for the employer for at least 40 weeks before the leave begins. Sometimes you may qualify for the leave, but not for the payment if the 40-week requirement is not met yet.
How Many Days of Paternity Leave Can Fathers Take?
Eligible fathers can take five days for each confinement.
The leave does not have to be taken in one block.
| Leave Option | How It Works |
| Consecutive leave | All five days taken together |
| Separate leave days | Leave can be split into different days |
| Flexible usage | Can be used within the legal leave window |
Some employees prefer saving a few days for after the mother returns home because that is usually when help is needed most.
When Can Paternity Leave Be Taken?
This part surprises many people, as the leave window actually starts before the baby is born. Fathers can take paternity leave anytime from four weeks before the expected delivery date until 14 weeks after the actual birth of the child. This can be really helpful with the medical appointments, complications, or early delivery concerns, as the leave can still be used before the birth of the child.
How Much Is Paternity Leave Pay in Hong Kong?
Paternity leave is not paid at full salary under the law. Eligible employees receive four-fifths (80%) of their average daily wages. The eligible amount is calculated using the employee’s wages from the previous 12 months, before the leave starts.
For example, if someone earns around HK$1,000 per day, the statutory leave pay for them would be around HK$800 a day.
How To Apply For Paternity Leave?
If the employee had informed the employer at least three months before the expected delivery date, it is acceptable to only inform the final leave dates need to be confirmed before taking leave.
But if the earlier notice was not given, then the employee should notify the employer at least five days before the leave starts.
In most of theoffices, HR will already have a form or a standard email process for this process.
What Documents Are Needed For Paternity Leave?
Generally, employers ask for proof that the employee is the child’s father.
For births in Hong Kong, this is usually the birth certificate with the father’s name stated on it. For overseas births, similar official documents may be accepted instead.
Some employers may also request a written declaration with the mother’s name and expected delivery date.
Can Employers Reject Paternity Leave?
If the employee meets the legal requirements stated by the government, employers generally cannot refuse statutory paternity leave.
Hong Kong law further includes penalties for employers who fail to provide eligible leave or payment. The maximum fine can be up to HK$50,000.
Because of this strict rule, most companies already include paternity leave details in their HR policies.
Do Some Companies Offer More Than the Legal Requirement?
Yes. Quite a few companies now provide more than five days.
Large firms, international companies, and newer startups sometimes offer additional paid leave because employee expectations have changed over the years. Some companies also give flexible working arrangements after childbirth instead of only increasing leave days.
There are employers in Hong Kong that provide much longer parental benefits than the statutory minimum.
For employees, it is always worth checking the company handbook because internal benefits can often be very different from the minimum legal requirement.
Why Is Paternity Leave Important?
Years ago, some fathers hesitated taking leave during the birth of their child, just because they worried about how managers or colleagues would react. That attitude is changing slowly now.
Many workplaces understand that employees also have responsibilities outside the office and are becoming employee friendly. Those first few weeks after childbirth can be exhausting and difficult for both the parents. Even small things like helping during late-night, hospital visits or managing paperwork can take pressure off the family.
How Can HR and Payroll Software Help Manage Paternity Leave?
For HR teams, handling leave manually can become frustrating, especially when different employees have different leave dates, payroll calculations, and supporting documents.
That is why many businesses now use HR software and payroll software to manage leave tracking and payroll automatically. It helps companies:
- Keep leave records organised
- Calculate statutory pay correctly
- Track employee eligibility
- Store documents securely
- Reduce payroll mistakes
For growing companies, it also saves a lot of time compared to doing everything through spreadsheets and email chains.
Read also: Maternity Leave Rights Under Hong Kong Law
Paternity Leave FAQs
How long is paid paternity leave in Hong Kong?
Eligible fathers in Hong Kong are entitled to 5 days of paid statutory paternity leave for each child born. The leave can be taken anytime from 4 weeks before the expected delivery date up to 14 weeks after the child is born.
Who is allowed to take paternity leave?
In Hong Kong, paternity leave can be taken by a male employee who is the father or father-to-be of the child, works under a continuous contract, and has given the required notice to the employer. To receive paid paternity leave, he must also have worked for the employer for at least 40 weeks before the leave starts.
Can fathers get paid parental leave?
Yes. In Hong Kong, eligible fathers can receive paid paternity leave under the Employment Ordinance. They are entitled to 5 days of leave paid at 80% of their average daily wages, provided they meet the eligibility requirements, including working under a continuous contract for at least 40 weeks before the leave starts.
What is the minimum service for paternity leave?
To qualify for paid paternity leave in Hong Kong, a male employee must have worked under a continuous contract with the same employer for at least 40 weeks immediately before the leave begins.
