### Employment Ordinance 《僱傭條例》

12AA. Commencement of maternity leave
(1) With the agreement of her employer, a pregnant employee may decide on the date of commencement of her maternity leave for the purposes of section 12(2)(a)(i), provided that such date is within a period of not less than 2 weeks before, and not more than 4 weeks before, the expected date of confinement. (Amended 13 of 2020 s. 5)
(2) If the employee does not exercise her option to decide on the date of commencement in subsection (1), or if she fails to secure her employer’s agreement to her proposed leave schedule, the date of commencement of maternity leave shall be 4 weeks immediately before the expected date of confinement.
(Added 73 of 1997 s. 4)

13. Authority to issue medical certificates
(1) A medical certificate for the purposes of section 12(4) or (6) or 12AA shall be issued by—
(a) a registered medical practitioner;
(b) a registered Chinese medicine practitioner; or
(c) notwithstanding section 16 of the Midwives Registration Ordinance (Cap. 162), a midwife registered under section 8, or deemed to be registered under section 25, of that Ordinance.
(2) A medical certificate for the purposes of section 12(7) or (7A) shall be issued by—
(a) a registered medical practitioner; or
(b) notwithstanding section 16 of the Midwives Registration Ordinance (Cap. 162), a midwife registered under section 8, or deemed to be registered under section 25, of that Ordinance.
(3) A medical certificate for the purposes of section 12(8) or 15AA shall be issued by—
(a) a registered medical practitioner; or
(b) a registered Chinese medicine practitioner.
(Replaced 16 of 2006 s. 4)

### Employment Ordinance 《僱傭條例》

15B. Records
Every employer who employs females shall maintain, in a form specified by the Commissioner, a record of maternity leave taken by and maternity leave pay paid to his female employees.
(Added 22 of 1981 s. 6)

15C. Restriction on pay in lieu of maternity leave
Save as provided in section 15(2), no payment of maternity leave pay or other sum may be made in lieu of the grant of maternity leave.
(Added 22 of 1981 s. 6)

15D. Interpretation of Part IIIA
In this Part—
child (嬰兒) means a new-born child.

### Employment Ordinance 《僱傭條例》

15E. Entitlement to paternity leave
(1) A male employee is entitled to paternity leave in respect of the birth of a child if—
(a) he is the child’s father;
(b) he has been employed under a continuous contract immediately before taking leave; and
(c) he has complied with all the requirements in section 15F.
(2) For subsection (1), the employee—
(a) subject to section 15G, is entitled to take leave during the period specified in subsection (3) on the date or dates notified to the employer under section 15F(1); and
(b) is entitled to take leave for not more than—
(i) for a child born on or after 27 February 2015 but before the commencement date* of the Employment (Amendment) (No. 3) Ordinance 2018 (30 of 2018)—3 days; or
(ii) for a child born on or after that commencement date*—5 days,
whether consecutive or not, for each confinement. (Replaced 30 of 2018 s. 3)
(3) For subsection (2)(a), the period—
(a) begins 4 weeks before the expected date of the delivery of the child; and
(b) ends 14 weeks beginning on the actual date of the delivery of the child. (Amended 13 of 2020 s. 8)
(4) For subsection (2)(b), multiple births in one pregnancy are taken to be one confinement.
(5) Subsection (1) does not apply in relation to—
(a) a miscarriage; or
(b) a child born before 27 February 2015. (Replaced 30 of 2018 s. 3)

Editorial Note:
＊ Commencement date: 18 January 2019.

### Employment Ordinance 《僱傭條例》

15F. Notification requirements relating to paternity leave
(1) For section 15E(1)(c), an employee who intends to take paternity leave in respect of the birth of a child must—
(a) notify the employer—
(i) of his intention at least 3 months before the expected date of the delivery of the child; and
(ii) of the intended date of his leave before taking the leave; or
(b) (if he does not notify the employer in accordance with paragraph (a)(i)) notify the employer of each intended date of his leave at least 5 days before that date.
(2) If the employer so requires, the employee must also give the employer a written statement signed by the employee—
(a) stating that the employee is the child’s father; and
(b) stating—
(i) the name of the child’s mother; and
(ii) the expected date of the delivery, or (if the child has been born) the actual date of the delivery, of the child.

15G. Paternity leave not affected by other leave entitlements
(1) Paternity leave is in addition to rest days, holidays and annual leave to which an employee is entitled under this Ordinance.
(2) If—
(a) an employee has, in compliance with the requirement in section 15F(1), notified the employer that he intends to take paternity leave on a particular day; and
(b) that day falls on a rest day or holiday or falls within a period of annual leave,

he is entitled to take the leave on the day immediately after the rest day, holiday or period of annual leave.
(3) Despite subsection (2), the employee is entitled to take the leave on another day he chooses if he has notified the employer of his choice at least 2 days before that other day.
(4) The employee is entitled to take leave on the day mentioned in subsection (2) even if that day falls on a day after the 14-week period mentioned in section 15E(3)(b). (Amended 13 of 2020 s. 9)
(5) However, subsection (3) does not entitle the employee to take leave on a day that falls on a day outside the period specified in section 15E(3).

15H. Entitlement to paternity leave pay
An employee is entitled to pay at the rate specified in section 15I in respect of each day on which he has taken paternity leave if—
(a) he has been employed under a continuous contract for a period of not less than 40 weeks immediately before that day; and
(b) he has complied with all the requirements in section 15J or 15K.