Employment Ordinance

(1)
In this
section—
requisite document
(
所需文件
), in relation to an employee who has taken paternity leave on a day, means the document required under
section 15J
or
15K
for his entitlement to paternity leave pay in respect of the day.
(2)
If an employee has taken paternity leave on a day (
leave day
) and provided the employer with the requisite document on or before the leave day, the employer must pay him the paternity leave pay in respect of the leave
day—
(a)
not later than the day on which he is next paid his wages after the leave day; or
(b)
if he has ceased to be employed by the employer, not later than 7 days after the cessation.
(3)
If the employee provides the employer with the requisite document after the leave day, the employer must pay him the paternity leave pay in respect of the leave
day—
(a)
not later than the day on which he is next paid his wages after the document is provided; or
(b)
if he has ceased to be employed by the employer, not later than 7 days after the document is provided.
(4)
Where the employer has paid the employee the paternity leave pay in respect of the leave day before the requisite document is provided, the employer may deduct from his wages an amount equivalent to the paternity leave pay
if—
(a)
he fails to provide the employer with the requisite document within 3 months after the first day on which the paternity leave is taken; or
(b)
he has ceased to be employed by the employer and fails to provide the employer with the requisite document before the cessation.
(5)
If after the deduction the employee provides the employer with the requisite document in accordance with
section 15J(4)
or
15K(3)
, the employer must pay him the paternity leave pay in respect of the leave day
again—
(a)
not later than the day on which he is next paid his wages after the document is provided; or
(b)
if he has ceased to be employed by the employer, not later than 7 days after the document is provided.