Content Outline
Who is Eligible for Paternity Leave?
A male employee with contractual employment is entitled to five days of paid paternity leave after the employee gives one-week notice before the leave, and if the employee is the father or father-to-be of the partner (they do not have to be married).
Paternity Leave Notice Requirements and Conditions
There are some aspects regarding the rights of the employee such as the employee must give a notification to be on paternity leave at least 3 months before the birth of the child or at least 5 days before the date of the leave.
However, if the employee is unable to provide 3 months advance notice to the employer regarding his paternity leave, he must give the employer at least 5 days’ notice before his paternity leave.
Paternity leave may generally be taken by the employee anytime starting four weeks before the expected date of delivery of the child and up to fourteen weeks from the actual date of delivery of the child. All 5 days may be taken at once or on separate days depending on candidates’ preference.
The employer may ask for a signed written notice from the employee which states :
- The name of the mother
- The expected or actual date of the delivery
- Proof that the employee is the father of the child
Paternity Leave Pay Entitlement and Conditions
Paternity leave pay will be for male employees if he has continuously worked for the employer under a contract of employment for at least 40 weeks before the paternity leave. And so has he tendered the document that is required by the employer either
- Within a year following the first day of the paternity leave
- Within six months of the end of the employment, whichever comes first.
If the necessary documents have been submitted prior to the commencement of the paternity leave, the employee must be paid not later than the next pay day following a paternity leave; or if the employee ceased to be employed, within 7 days after the end of employment.
In the case that the required document has been submitted to the employer after the paternity leave has been taken, the employer must pay the employee not later than the next pay day after the submission of the document; or if the employee is no longer employed, within a period of seven days from the commencement of the submission of the document.
The amount to be paid for paternity leave is 80% of the average daily remuneration that an employee earned in the last year before the first day of his taking the leave. Where an employee is engaged for a period of less than 12 months then the calculation shall be done based on the months he worked.
Required Documents for Paternity Leave Pay
For the birth in Hong Kong– the child birth certificate which the name of the employee is indicated as the father of the child.
Birth outside the territory of Hong Kong – the birth certificate of the child certified by the authorities of the place and where the name of the employee is registered as the father of the child. If the authorities of the place do not issue birth certificates, then any other document issued can be considered as evidence that the employee is the father of the child.
In the case where the child was born dead or died soon after birth and no birth certificate was issued to the child – the party should present a medical certificate proving that the child was delivered. The employer may require the employee to fulfill in writing the statement that he is the father of the child which was delivered by the woman mentioned in the medical certificate.
How To Make Sure Your Employee Can Qualify For Paternity Leave In Talenox?
By default, not every male employee in the organisation is granted Paternity Leave in Talenox.
That is according to the eligibility criteria determined as follows in the system.
- Provide the child details in the “Next of kin” section of the Employee Profile.
- Update the records of the employee’s marital status and spouse’s information.
- Check the Paternity Leave settings (under Leave > Leave Settings > Leave Type) to make sure that your employees can apply.
For those who require a detailed and visual tutorial on how to do Step 1, do check out the link here detailing how to add Next-of-Kin in Talenox.
https://help.talenox.com/en/articles/5695879-how-to-add-next-of-kin-data-in-talenox
How to Add the Paternity Leave Request (For Exisisting Talenox users)
1. Go to Leave >Manage Leave policies > Settings > Leave Types
2. Go to the ‘Leave Type’ and select the ‘New Leave Type’ option.
3. Choose the “Leave Type” from the dropdown list and select the “Paternity” option on the list.
4. Review the Paternity Leave options (under Leave > Leave Settings > Leave Type) to confirm that your employee will be allowed to apply for this type of leave provided within the Qualifying Age of Child that has been set.
How FastLane Group Can Help?
FastLane Group specializes in supporting Talenox users with navigating paternity leave regulations in Hong Kong. Our expert team ensures your company remains compliant with all legal requirements, from notifying employees about their rights to managing necessary documentation. We assist in setting up and configuring Talenox for paternity leave, streamlining the application and approval process.
With FastLane Group’s support, you can efficiently handle payroll adjustments and ensure timely payments. Trust us to simplify the complexities of paternity leave, so you can focus on supporting your employees during this important time. Contact FastLane Group today for expert guidance and seamless HR management.