Is paternity leave a benefit just for Hong Kong's married men?
Hong Tran and Kay McArdle from Mayer Brown JSM look at implications for employers of plans to give fathers time off for their child's birth
As employers prepare their policies and procedures for the introduction of paternity leave legislation, questions are being asked about whether denying unmarried employees these benefits would be unlawful.
Offering paternity leave benefits only to married employees could land employers in hot water under both the Sex Discrimination Ordinance (SDO) and, potentially, the Family Status Discrimination Ordinance (FSDO).
In his maiden policy address, Chief Executive Leung Chun-ying called for paternity leave legislation to be enacted as soon as possible.
This followed the introduction in April of a pilot scheme giving civil servants paternity leave of five working days on full pay.
The Labour Advisory Board endorsed the government's proposal to introduce three days of paternity leave for employees with at least 40 weeks of continuous employment with the same employer. This leave will be paid at four-fifths' the average daily wage for private-sector workers.
When debating the issue, the board considered whether it should only apply to births in wedlock and decided it should apply to all births.