Hong Kong’s Employment Ordinance stipulates that in addition to eligible pregnant female employees who are entitled to paid maternity leave, men can also take paternity leave. Hong Kong’s statutory male servants came into effect in 2015, and after the implementation of the amendments to the Employment (Amendment) (No. 3) Ordinance 2018, eligible male employees are allowed to show their employers the birth of their children considering the birth of their children. After the registration certificate, you can apply for up to 5 days of paternity leave and receive part of the salary. This article will cover the calculation of pay for male paternity leave and a few things employers should be aware of.
How should paternity leave may be calculated?
If the male employee has been employed under a continuous contract for not less than 40 weeks and provides the required documents to the employer within 12 months after taking the first day of paternity leave; or within 6 months after cessation of employment Paternity leave of up to 5 days.
Many people know those male employees are entitled to up to 5 days of paternity leave when eligible, but they do not know how the pay for this paid leave should be calculated.
In fact, the daily pay for paternity leave is generally equal to ⅘ of the average daily wages earned by the employee in the 12 months prior to taking the paternity leave; It can be calculated by ⅘ of the average salary earned within 12 months.
For example, Employee A’s average daily wage last year was HK$1,000, and his salary after taking 5 days of paternity leave is $1,000 X ⅘ X 5 = HK$4,000.
However, if his employment period is less than 12 months, the calculation shall be made for that shorter period. When calculating the average daily wage, only the period during which the employer has not paid the employee’s wages, including rest days, statutory holidays, annual leave, sick leave, paternity leave, work-related injury, sick leave, etc., are excluded.
Employers should pay paternity leave pay within the time limit
If the employee has provided the employer with the required documents (birth certificate of the baby bearing the employee’s name) on or before the date on which the employee wishes to take paternity leave, the employer must pay the employee paternity leave pay on or before:
• the first payday after the end of the paternity leave claimed by the employee; or
• Once the employee has ceased employment, pay within 7 days of the cessation of employment.
If the employee is unable to submit the required documents before taking the paternity leave but provides these documents after the paternity leave is over, the employer will still have to pay the employee due to paternity leave pay according to the above circumstances and days.
Penalties for employer violations? (Not paying paternity leave pay on time)
Employers who fail to arrange paternity leave and pay paternity leave pay to eligible employees can be prosecuted and, if convicted, fined up to $50,000.
What employers need to be aware of
When processing applications for paternity leave, all personal data (including mothers and newborn babies) disclosed by employees must comply with the relevant requirements of the Personal Data (Privacy) Ordinance. In other words, before the employer discloses such personal data, he should obtain the consent of the person concerned, otherwise, he or she can make inquiries with the Office of the Privacy Commissioner for Personal Data. These employment records should also be kept for at least 12 months in accordance with statutory requirements, including records of each employee’s paternity leave and payment of paternity leave pay.
The above information is for reference only. If you have any questions about entrepreneurship, labor law, or accounting, we welcome your inquiries.