What working fathers should know about new laws on paternity leave

The Employment Ordinance was amended last month to introduce three days' paid paternity leave for working fathers and fathers-to-be. This amendment will be effective on February 27.

A male employee is entitled to paternity leave if he is the child's father, has been employed under a "continuous contract" - that is, hired by the same employer for a minimum of four weeks for at least 18 hours a week - and has complied with "notification requirements".

Notice of his intention to take paternity leave can be given to the employer in two ways: at least three months before the expected delivery date of the child, with minimal notice then required of the actual dates he is going to take off. In the absence of the three months notice, the employee must give not less than five days' notice of his intended leave date.

The employee may also need to sign a written statement confirming himself as the child's father, in addition to the name of the child's mother and the expected or actual date of delivery. Employers should consider requiring employees to provide this statement as part of their leave application and verification process.

The three days of leave can be taken consecutively or separately, any time between four weeks before the expected delivery date and 10 weeks after the birth of the child.

An employee is entitled to paternity leave pay if he has been employed under a continuous contract for at least 40 weeks immediately before taking the leave and if he provides his employer with the child's birth certificate with the employee's name as the father. Other documents will be needed if the child is stillborn, dies after birth or has not been issued a birth certificate.