Male employees in Hong Kong are legally entitled to paid paternity leave under the Employment Ordinance. Whether you are an employer building an HR policy or an employee expecting a child, understanding the rules around entitlement, pay, and notice requirements is essential to staying compliant and informed.
Highlights of this article
- Male employees in Hong Kong are entitled to 5 days of paid statutory paternity leave per birth
- Paternity leave pay is calculated at four-fifths (80%) of average daily wages over the preceding 12 months
- Employees must have worked under a continuous contract for at least 40 weeks to qualify for paid leave
- Leave can be taken from 4 weeks before the expected delivery date to 14 weeks after the actual date of birth
- Employers must keep records of paternity leave taken as part of their statutory HR obligations
What Is Paternity Leave in Hong Kong?
Paternity leave in Hong Kong is a statutory entitlement under the Employment Ordinance (Cap. 57) that gives male employees the right to take paid time off when their partner gives birth. The entitlement applies per confinement, meaning employees receive 5 days for each birth, including multiple births from the same pregnancy.
The right to paternity leave was first introduced in Hong Kong in 2015 and was later extended in 2019 to apply to births on or after 18 January 2019. Unlike some jurisdictions that allow extended parental leave for fathers, Hong Kong's current statutory minimum is 5 days. Many employers choose to offer additional leave on top of this as part of their benefits package.
For employers, paternity leave is not optional. Failing to grant statutory leave or underpaying leave entitlements can result in penalties under the Employment Ordinance.
Who Is Eligible for Paternity Leave?
To qualify for statutory paternity leave in Hong Kong, a male employee must meet all of the following conditions:
Employment under a continuous contract
The employee must be employed under a continuous contract of employment with the same employer. A continuous contract is defined as one where an employee has worked for the same employer for at least four weeks, with a minimum of 18 hours per week. Most full-time employees will automatically satisfy this condition.
40-week employment requirement for paid leave
To receive paternity leave pay (as opposed to unpaid leave), the employee must have been employed under the same continuous contract for at least 40 weeks immediately before the first day of leave. Employees who have been with the company for fewer than 40 weeks are still entitled to take the 5 days of leave, but it will be unpaid.
Father of the child
The employee must be the father of the newborn child, whether born in or outside of Hong Kong. There is no requirement for the parents to be married, but the employee must be named on the birth certificate as the father.
Proper notification to the employer
The employee must give advance notice of their intention to take paternity leave. The exact notice requirements depend on timing (see the section below on notification).
How Many Days Is Paternity Leave in Hong Kong?
Male employees are entitled to 5 days of paternity leave per confinement. This applies regardless of whether the birth results in a single child or multiple children (twins, triplets, etc.) from the same pregnancy.
This is separate from and in addition to any annual leave the employee may have accrued. Employers cannot require employees to use annual leave in place of statutory paternity leave.
Note: Some employers offer enhanced paternity leave policies beyond the statutory 5 days. If your employment contract or company policy provides for more generous leave, the more favourable terms apply.
When Can Paternity Leave Be Taken?
The 5 days of paternity leave can be taken at any point within the following window:
- From: 4 weeks before the expected date of delivery
- To: 14 weeks after the actual date of birth
The employee can take all 5 days in one block or split them across separate days within the window. This gives families flexibility to plan around the birth and any post-natal support needs.
If the child is stillborn, the employee is still entitled to take paternity leave, provided all other eligibility conditions are met.
How Is Paternity Leave Pay Calculated?
Statutory paternity leave pay is set at four-fifths (80%) of the employee's average daily wages, calculated over the 12 months immediately preceding the first day of paternity leave taken.
Calculation formula
Average daily wage = Total wages earned in the past 12 months divided by the number of days worked in that period Daily paternity leave pay = Average daily wage x 0.8
Example
An employee earned HKD 240,000 over 12 months and worked 250 days. Their average daily wage is HKD 960. Their daily paternity leave pay would be HKD 768 (80% of HKD 960). For 5 days, the total paternity leave pay is HKD 3,840.
If the employee has been employed for fewer than 12 months (but at least 40 weeks), the calculation uses the shorter period of employment.
What counts as wages?
Wages include basic salary and regular commissions or incentive payments. They do not include:
- Gratuities
- Non-recurrent bonuses (such as a Lunar New Year bonus paid at the employer's discretion)
- Allowances that are not related to work performance (such as housing or travel allowances)
- Overtime pay (unless the overtime is worked on a regular and consistent basis)
Employers should review their payroll structure carefully to ensure the correct wage figure is used. For more on how wages are defined and calculated for statutory purposes, see our guide to employee compensation in Hong Kong.
Paternity Leave Notification Requirements
The notification rules depend on when the employee gives notice relative to the expected delivery date.
| Scenario | Notice required |
|---|---|
| Notice given 3+ months before expected delivery | Employee must also specify intended leave dates at least 5 days in advance |
| Notice given less than 3 months before delivery | Employee must notify employer of leave dates at least 5 days before each day of leave |
| Emergency or unexpected situations | As soon as reasonably practicable |
In practice, most employees notify their employer as soon as they know about the pregnancy, which is well within the 3-month window. Employers should have a simple written notification process in place so that both parties have a clear record.
Documentation the Employee Must Provide
To receive paternity leave pay, the employee must provide the employer with a copy of the child's birth certificate showing the employee's name as the father. This must be submitted within a reasonable time after the birth.
If the leave was taken before the birth (within the 4-week pre-birth window), the employee must still provide the birth certificate after the birth to confirm entitlement to pay.
Employers should store this documentation securely and in line with Hong Kong's data protection obligations under the Personal Data (Privacy) Ordinance.
Employer Obligations Under the Employment Ordinance
As an employer in Hong Kong, you have several specific obligations relating to paternity leave:
Grant the leave
You cannot refuse or restrict statutory paternity leave once the employee meets the eligibility criteria. Doing so constitutes a breach of the Employment Ordinance.
Pay the correct amount
You must pay the employee at least four-fifths of their average daily wages for each day of paternity leave taken. Payment should be made on the employee's next regular payday following the leave.
Keep records
Every employer must maintain a record of each employee's paternity leave, including the dates taken and the pay issued. These records must cover at least the preceding 12 months of employment. This is particularly important if the employee's pay or leave entitlements are ever disputed.
No retaliation
Dismissing or penalising an employee for taking paternity leave, or threatening to do so, is prohibited. An employee dismissed in connection with paternity leave may be entitled to remedies including reinstatement or compensation.
For a full overview of your obligations as an employer in Hong Kong, see our Hong Kong Employment Ordinance guide.
How Paternity Leave Interacts With Other Statutory Entitlements
MPF contributions
MPF contributions must still be made for the period of paternity leave. Leave pay is treated as wages for MPF purposes, meaning both employer and employee contributions apply. See our MPF Hong Kong guide for contribution rates and calculation rules.
Maternity leave
If both parents work for the same employer, maternity and paternity leave are separate and run concurrently. One does not offset the other. For details on the female employee's entitlements, see our guide to maternity leave in Hong Kong.
Annual leave and public holidays
Paternity leave does not count against annual leave or public holiday entitlements. If a public holiday falls during a period of paternity leave, the employee is entitled to an extra day off.
Best Practices for Employers
Setting up a clear paternity leave policy saves time and avoids disputes. Here is what we recommend:
- Document your policy in the employment contract or staff handbook, specifying whether you offer enhanced leave beyond the statutory 5 days
- Create a notification form for employees to formally request leave, including space to record expected delivery dates and intended leave dates
- Train your HR team or line managers on the entitlement rules so that requests are handled consistently
- Update your payroll system to calculate paternity leave pay correctly, especially for employees on variable pay structures
- Keep records for at least 12 months as required under the Employment Ordinance
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How Paternity Leave Compares to Maternity Leave in Hong Kong
| Paternity Leave | Maternity Leave | |
|---|---|---|
| Duration | 5 days | 14 weeks |
| Pay rate | 80% of average daily wages | 80% of average daily wages |
| Minimum employment for paid leave | 40 weeks | 40 weeks |
| Advance notice required | 5 days minimum | 4 weeks minimum |
| Window to take leave | 4 weeks pre-birth to 14 weeks post-birth | From 2 to 4 weeks before expected birth |
For full details on maternity entitlements, see our maternity leave Hong Kong guide.
