⚠️ This page is for general education and reference only and is not legal advice. Hong Kong employment rights are governed by the Employment Ordinance (Cap. 57) and your individual contract; if in doubt, consult the Labour Department or a professional.
What is paternity leave, and how is pay calculated?
Generally, a male employee who is the father of the newborn or expected child, employed under a continuous contract, and who gave the required notice, is entitled to 5 days of paternity leave per confinement of his spouse/partner. There is no 40-week requirement for taking the leave itself. Paid paternity leave, however, requires ≥40 weeks continuous contract immediately before the day(s) taken, plus the required documents within 12 months of the first day (or 6 months after ceasing employment). Under 40 weeks → unpaid leave.
Daily pay = 4/5 of average daily wages (ADW) (12 months before that day; for consecutive days, before the first day). Days may be taken any time from 4 weeks before the expected date to 14 weeks after the actual birth, in one go or separately. Formula: paternity leave pay = ADW × 4/5 × days taken (max 5). Work out ADW with the ADW calculator; for mothers see the maternity leave calculator (also 4/5 ADW, with an $80,000 cap on weeks 11–14). Compare also the sick leave calculator or statutory holiday pay calculator (holiday pay is a full day's ADW, not 4/5).
Worked example
With ADW HK$700 and 5 days: daily = 700 × 4/5 = HK$560; 5 days = 560 × 5 = HK$2,800. Set ADW to 700 and days to 5 in the tool to reproduce this. Three days would be 560 × 3 = HK$1,680.
Eligibility and conditions
Generally: father of the newborn/expecting child, continuous contract, and the required notice. Paid leave also needs ≥40 weeks continuous service immediately before the day(s) taken and documents within the time limits above. Contracts may be more generous but not below the statutory minimum. You may also use the leave calculator or annual leave calculator for other EO leave entitlements.
Sources
- Labour Department Concise Guide ch.7 (paternity leave):ConciseGuide/07.pdf
- Employment Ordinance (Cap. 57):elegislation.gov.hk
FAQ
How many days of paternity leave are there?
Generally, an eligible male employee gets 5 days per confinement of his spouse/partner. Days may be taken from 4 weeks before the expected date to 14 weeks after the actual birth, in one go or separately.
Is paternity leave paid?
Paid leave requires ≥40 weeks continuous contract immediately before the day(s) taken, plus the required documents within 12 months of the first day (or 6 months after ceasing employment). Daily pay = 4/5 of ADW. Under 40 weeks → unpaid leave. There is no 40-week requirement for taking the leave itself.
How is paternity leave pay calculated?
Daily rate = ADW × 4/5; total = daily rate × days taken (max 5). Example: ADW $700 for 5 days → $560/day, total $2,800.
When can paternity leave be taken?
Generally any time from 4 weeks before the expected date to 14 weeks after the actual birth, continuously or in separate days, subject to fatherhood, continuous contract and the required notice.
Do I need 40 weeks' service just to take paternity leave?
No. Unlike the pay rule, taking paternity leave itself generally has no 40-week requirement. The 40-week continuous-contract rule gates pay. Maternity leave is also 14 weeks either way, with pay gated by 40 weeks before the scheduled start.
Can I rely on this calculator legally?
No. It is for general estimation and education only, not legal advice. Rely on Concise Guide ch.7 and Cap. 57.