### Employment Ordinance 《僱傭條例》

15I. Rate of paternity leave pay
(1) In this section—
specified date (指明日期), in relation to paternity leave taken by an employee, means—
(a) if the leave is taken in a period of consecutive days, the date on which that period begins; or
(b) in any other case, the date on which the leave is taken;

wages (工資), in subsections (2), (3) and (4), includes a sum of money paid by an employer in respect of any of the following days—
(a) a day of paternity leave, a rest day, a sickness day, a holiday or a day of annual leave taken by the employee;
(b) a day of leave taken by the employee with the agreement of the employer;
(c) a normal working day on which the employee is not provided with work by the employer;
(d) a day of absence from work of the employee due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282).

(2) The daily rate of paternity leave pay is four-fifths of the employee’s average daily wages during—
(a) the period of 12 months immediately before the specified date; or
(b) if the employee has been employed by the employer for a period shorter than 12 months immediately before the specified date, the shorter period.
(3) The average daily wages are to be calculated without regard to—
(a) any period (excluded period) during the 12-month period or shorter period for which the employee was not paid wages or full wages because of—
(i) any paternity leave, rest day, sickness day, holiday or annual leave taken by the employee;
(ii) any leave taken by the employee with the agreement of the employer;
(iii) the employee’s not being provided with work by the employer on a normal working day; or
(iv) the employee’s absence from work due to temporary incapacity for which compensation is payable under section 10 of the Employees’ Compensation Ordinance (Cap. 282); and

(b) any wages paid to the employee for the excluded period.
(4) To avoid doubt, if the amount of the wages paid to an employee in respect of a day covered by the definition of wages 

### Employment Ordinance 《僱傭條例》

15J. Documentary requirements relating to paternity leave pay: birth in Hong Kong
(1) For section 15H(b), an employee who takes paternity leave in respect of the birth of a child in Hong Kong must provide the employer with the birth certificate of the child—
(a) that is issued under the Births and Deaths Registration Ordinance (Cap. 174); and
(b) on which the employee’s name is entered as the child’s father.
(2) Despite subsection (1), if the child is born dead, or if the child dies after birth and no birth certificate has been issued in respect of the child under the Births and Deaths Registration Ordinance (Cap. 174), the employee must provide the employer with—
(a) a medical certificate described in subsection (3); and
(b) (if the employer so requires) a written statement signed by the employee, stating that—
(i) he is the father of the child delivered by the woman named in the medical certificate; and
(ii) the child is born dead or dies after birth (whichever is appropriate).
(3) For subsection (2)(a), the medical certificate—
(a) must certify the delivery of the child; and
(b) must be issued by—
(i) a registered medical practitioner; or
(ii) despite 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.
(4) The documents required under this section must be provided to the employer—
(a) within 12 months after the first day on which the employee takes the paternity leave; or
(b) if the employee has ceased to be employed by the employer, within the period mentioned in paragraph (a) or within 6 months after the cessation (whichever period expires first).

### Employment Ordinance 《僱傭條例》

15K. Documentary requirements relating to paternity leave pay: birth outside Hong Kong
(1) For section 15H(b), an employee who takes paternity leave in respect of the birth of a child in a place outside Hong Kong must provide the employer with—
(a) the birth certificate of the child—
(i) that is issued by the authorities of the place (authorities); and
(ii) on which the employee’s name is entered as the child’s father; or
(b) (if the authorities do not issue birth certificates) any other document issued by the authorities that could reasonably be taken as proof that the employee is the child’s father.
(2) Despite subsection (1), if the child is born dead or dies after birth, and neither the birth certificate nor document mentioned in that subsection is available, the employee must provide the employer with—
(a) a medical certificate or any other document issued by the authorities that could reasonably be taken as proof of the delivery of the child; and
(b) (if the employer so requires) a written statement signed by the employee, stating that—
(i) he is the father of the child delivered by the woman named in the medical certificate or document; and
(ii) the child is born dead or dies after birth (whichever is appropriate).
(3) The documents required under this section must be provided to the employer—
(a) within 12 months after the first day on which the employee takes the paternity leave; or
(b) if the employee has ceased to be employed by the employer, within the period mentioned in paragraph (a) or within 6 months after the cessation (whichever period expires first).

### Employment Ordinance 《僱傭條例》

15L. Payment of paternity leave pay
(1) In this section—
requisite document (所需文件), in relation to an employee who has taken paternity leave on a day, means the document required under section 15J or 15K for his entitlement to paternity leave pay in respect of the day.
(2) If an employee has taken paternity leave on a day (leave day) and provided the employer with the requisite document on or before the leave day, the employer must pay him the paternity leave pay in respect of the leave day—
(a) not later than the day on which he is next paid his wages after the leave day; or
(b) if he has ceased to be employed by the employer, not later than 7 days after the cessation.

(3) If the employee provides the employer with the requisite document after the leave day, the employer must pay him the paternity leave pay in respect of the leave day—
(a) not later than the day on which he is next paid his wages after the document is provided; or
(b) if he has ceased to be employed by the employer, not later than 7 days after the document is provided.
(4) Where the employer has paid the employee the paternity leave pay in respect of the leave day before the requisite document is provided, the employer may deduct from his wages an amount equivalent to the paternity leave pay if—
(a) he fails to provide the employer with the requisite document within 3 months after the first day on which the paternity leave is taken; or
(b) he has ceased to be employed by the employer and fails to provide the employer with the requisite document before the cessation.
(5) If after the deduction the employee provides the employer with the requisite document in accordance with section 15J(4) or 15K(3), the employer must pay him the paternity leave pay in respect of the leave day again—
(a) not later than the day on which he is next paid his wages after the document is provided; or
(b) if he has ceased to be employed by the employer, not later than 7 days after the document is provided.

15M. Offence
(1) An employer must—
(a) grant an employee paternity leave to which the employee is entitled; and
(b) pay an employee paternity leave pay to which the employee is entitled in accordance with section 15L.
(2) An employer who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.