If you just found out you are expecting, congratulations! As you navigate what you need to prepare for the baby’s arrival, you may be wondering how maternity and paternity leave work in Hong Kong. Worry not, we have summarized a few important things for you:
Maternity Leave
Since December 11th, 2020, statutory maternity leave is now 14 weeks (it was 10 weeks before). The leave pay is a sum equivalent to four-fifths of the pregnant employee’s average daily wages earned in the 12-month period preceding the first day of the leave. The 4-week maternity leave pay for the 11th to 14th week of the maternity leave is subject to a cap of $80,000.
You are eligible for paid leave if you meet the following criteria:
- have been employed under a continuous contract of at least 40 weeks before the day of leave
- informed about pregnancy and intention to take the leave to the employer upon the confirmation of pregnancy
- presented a medical certificate specifying the expected date of delivery
You can commence your leave from 2 to 4 weeks before the expected due date with the agreement of your employer. In case you have not worked 40 weeks before the commencement of leave, you are eligible for 14 weeks of non-paid maternity leave, given that you have provided notice of pregnancy and your intention to take the leave to your employer.
Paternity Leave
Paternity leave is 5 days for a male employee. To be eligible for the paid leave, you need to fulfil the following requirements:
- are the father or father-to-be of a newborn baby
- have been employed under a continuous contract of at least 40 weeks before the day of leave
- provided the required notification to the employer
Same as the maternity leave pay, the daily rate of the paternity leave pay is a sum equivalent to four-fifths of the average daily wages earned by the employee in the 12-month period preceding the day of paternity leave. Paternity leave can be taken on either consecutive or non-consecutive days, any time during the 4 weeks before the expected delivery date and 14 weeks after the delivery date. You need to notify your employer of your intention to take the leave at least 3 months before the expected date of delivery.
Last but not the least, the father is not required to be married to the mother of the new-born baby to be entitled to paternity leave. Although it is not clearly stated in the ordinance, a father is assumed to be the biological father to the child in this case.
For more information, please visit Labour Department’s website below:
https://www.labour.gov.hk/eng/public/wcp/ConciseGuide/07.pdf (Paternity Leave)
https://www.labour.gov.hk/eng/faq/cap57h_whole.htm#q1 (Maternity Leave)
Connie Tklau
Connie is a Hong Kong-based visual and textual content creator. She loves to travel, visit museums and take photos. Putting her hobbies into work, she is excited to scout all the cool, new, kid-friendly experiences in the city that will create long-lasting memories for families.
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