Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.15J

Documentary requirements relating to paternity leave pay: birth in Hong Kong

(1)
For
section 15H(b)
, an employee who takes paternity leave in respect
                of the birth of a child in Hong Kong must provide the employer with the birth
                certificate of the
child—
(a)
that is issued under the Births and Deaths Registration
                    Ordinance (
Cap. 174
); and
(b)
on which the employee’s name is entered as the child’s
                    father.
(2)
Despite subsection (1), if the child is born dead, or if the child dies after birth and no birth certificate has been issued in respect of the child under the Births and Deaths Registration Ordinance (
Cap. 174
), the employee must provide the employer
with—
(a)
a medical certificate described in subsection (3); and
(b)
(if the employer so requires) a written statement signed by the employee, stating
that—
(i)
he is the father of the child delivered by the woman named in the medical certificate; and
(ii)
the child is born dead or dies after birth (whichever is appropriate).
(3)
For subsection
(2
)(
a)
, the medical
certificate—
(a)
must certify the delivery of the child; and
(b)
must be issued
by—
(i)
a registered medical practitioner; or
(ii)
despite
section 16
of the Midwives Registration Ordinance (
Cap. 162
), a midwife registered under
section 8
, or deemed to be registered under
section 25
, of that Ordinance.
(4)
The documents required under this section must be provided to the
employer—
(a)
within 12 months after the first day on which the employee takes the paternity leave; or
(b)
if the employee has ceased to be employed by the employer, within the period mentioned in paragraph (a) or within 6 months after the cessation (whichever period expires first).