Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.15K

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

(1)
For
section 15H(b)
, an employee who takes paternity leave in respect of the birth of a child in a place outside Hong Kong must provide the employer
with—
(a)
the birth certificate of the
child—
(i)
that is issued by the authorities of the place (
authorities
); and
(ii)
on which the employee’s name is entered as the child’s father; or
(b)
(if the authorities do not issue birth certificates) any other document issued by the authorities that could reasonably be taken as proof that the employee is the child’s father.
(2)
Despite subsection (1), if the child is born dead or dies after birth, and neither the birth certificate nor document mentioned in that subsection is available, the employee must provide the employer
with—
(a)
a medical certificate or any other document issued by the authorities that could reasonably be taken as proof of the delivery of the child; 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 or document; and
(ii)
the child is born dead or dies after birth (whichever is appropriate).
(3)
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).