Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.15E

Entitlement to paternity leave

(1)
A male employee is entitled to paternity leave in respect of the birth of a
                child
if—
(a)
he is the child’s father;
(b)
he has been employed under a continuous contract immediately before taking
                    leave; and
(c)
he has complied with all the requirements in
section
                    15F
.
(2)
For subsection (1), the
employee—
(a)
subject to
section 15G
, is entitled to take leave during the
                    period specified in subsection (3) on the date or dates notified to the employer
                    under
section 15F(1)
; and
(b)
is entitled to take leave for not more
than—
(i)
for a child born on or after 27 February 2015 but before the
                        commencement date* of the Employment (Amendment) (No. 3) Ordinance 2018
                            (
30
                            of
                            2018
)—3 days; or
(ii)
for a child born on or after that commencement date*—5 days,
whether consecutive or not, for each confinement.
(Replaced
30 of 2018 s. 3
)
(3)
For subsection
(2
)(
a)
, the
period—
(a)
begins 4 weeks before the expected date of the delivery of the child;
                    and
(b)
ends
                    14
                    weeks beginning on the actual date of the delivery of the child.
(Amended
13 of 2020 s. 8
)
(4)
For subsection
(2
)(
b)
, multiple births in one pregnancy are taken to
                be one confinement.
(5)
Subsection (1) does not apply in relation
to—
(a)
a miscarriage; or
(b)
a child born before 27 February 2015.
(Replaced
30 of 2018 s. 3
)