Hong Kong provides fathers with 5 days of paid paternity leave under the Paternity Leave Ordinance (Cap. 577), which took effect in 2015. The leave is paid at 80% of the employee’s daily wages and must be taken within a specific window after the child’s birth.
This guide covers Hong Kong paternity leave in 2026: the 5-day entitlement, the pay calculation, employer obligations, and how the leave fits alongside Hong Kong’s maternity leave system.
Key takeaways
- Fathers in Hong Kong are entitled to 5 days of paid paternity leave per child, under the Paternity Leave Ordinance (Cap. 577).
- The leave is paid at 80% of the employee’s daily wages.
- Paternity leave must be taken within 14 weeks of the child’s birth.
- The leave can be taken as one continuous period or two separate periods.
- Employers must pay the paternity leave pay on the normal pay day.
- The entitlement applies to all employees who meet the 40/52 employment condition.
The statutory entitlement
The Paternity Leave Ordinance was enacted in 2014 and took effect on 27 October 2015. It was one of Hong Kong’s first statutory leave entitlements for fathers.
| Detail | Value |
|---|---|
| Duration | 5 days |
| Pay rate | 80% of daily wages |
| Timing | Within 14 weeks of birth |
| Splitting | 1 continuous period or 2 separate periods |
| Eligibility | Employee meeting 40/52 employment condition |
| Notice | 3 months before expected date of birth (or as soon as practicable) |
The 5-day entitlement is per child — fathers of twins receive 5 days, not 10. The leave can be taken as a single continuous period of 5 days, or split into two periods (e.g., 3 days + 2 days).
How paternity leave pay works
Paternity leave pay is funded by the employer, not a social insurance system.
| Component | Detail |
|---|---|
| Pay rate | 80% of daily wages |
| Payment source | Employer |
| Payment timing | Normal pay day |
| Waiting period | None |
| Tax treatment | Taxable income |
The 80% rate applies to the employee’s average daily wages over the 12-month period before the leave. Unlike many European systems, Hong Kong has no social insurance fund for paternity leave — the employer bears the full cost.
Eligibility
To qualify for paternity leave, the employee must meet the 40/52 employment condition:
- The employee has been employed under a continuous contract for at least 40 weeks in the 52 weeks before the expected date of birth.
- A “continuous contract” is one where the employee works at least 18 hours per week for 4 consecutive weeks or more.
This condition excludes many part-time, casual, and new employees who have not yet accumulated 40 weeks of continuous employment.
How leave is taken
Hong Kong paternity leave has specific rules about when and how it can be taken:
- Within 14 weeks of the child’s birth — the leave must be taken within this window.
- 1 continuous period or 2 separate periods — the leave can be taken as 5 consecutive days or split into two blocks.
- Minimum 1 day per period — each period must be at least 1 day.
- Commencement notice — the employee must give at least 3 months’ notice before the expected date of birth, or as soon as practicable.
Relationship with maternity leave
Hong Kong’s maternity leave is 14 weeks at 80% of salary for female employees. Paternity leave is separate:
- The father’s 5 days can be taken while the mother is on maternity leave.
- There is no requirement for the father to wait until the mother’s leave ends.
- The mother’s maternity leave is mandatory — the employer must grant it.
For couples, the total family leave is 14 weeks maternity + 5 days paternity, with the possibility of taking them concurrently.
Employer obligations
Hong Kong employers have the following duties:
- Grant the 5-day paternity leave — the employer must provide it when requested.
- Pay 80% of daily wages — on the normal pay day.
- Do not alter the employment terms — the employee’s position, salary progression, and benefits are protected during leave.
- Do not dismiss or penalise the employee for taking or planning to take paternity leave.
- Maintain records — the employer must keep records of paternity leave for inspection by the Labour Department.
Worked example
Wei works for a financial services company in Central. His wife gives birth on 1 October 2026. Wei has been employed continuously for 2 years.
Wei gives 3 months’ notice (by 1 July 2026). His daily wage is HKD 1,500. Paternity leave pay is 80% of HKD 1,500 = HKD 1,200 per day for 5 days = HKD 6,000 total.
Wei takes the first 3 days immediately after birth (1–3 October 2026) and the remaining 2 days later in October (20–21 October 2026). Both periods are within the 14-week window.
Wei’s wife takes her 14 weeks of maternity leave at 80% of salary concurrently.
Common pitfalls
1. Missing the 40/52 employment condition
Employees who have not worked 40 weeks in the preceding 52 weeks do not qualify. New hires and part-time workers are most at risk.
2. Not giving adequate notice
The employee must give at least 3 months’ notice before the expected date of birth. Failure to give notice may result in the leave being delayed or denied (though the entitlement itself is not lost).
3. Assuming paternity leave is multiplied for multiples
The 5-day entitlement is per child, not per birth event. Fathers of twins receive 5 days, not 10.
4. Not paying on the normal pay day
The employer must pay paternity leave pay on the normal pay day — not when the employee returns from leave. Late payment is a breach of the ordinance.
5. Confusing paternity leave with other leave
The 5 days are separate from annual leave, sick leave, and other entitlements. They are not deducted from any other leave balance.
Frequently asked questions
How many days of paternity leave does Hong Kong provide?
Hong Kong provides 5 days of paid paternity leave, paid at 80% of the employee’s daily wages.
When must paternity leave be taken?
Paternity leave must be taken within 14 weeks of the child’s birth.
Who pays for paternity leave?
The employer pays 80% of the employee’s daily wages. There is no social insurance fund for paternity leave in Hong Kong.
Can the employer refuse paternity leave?
No. If the employee meets the eligibility requirements and gives proper notice, the employer must grant the leave.
Can both parents take leave at the same time?
Yes. The father’s paternity leave can be taken concurrently with the mother’s maternity leave. There is no restriction on simultaneous leave.
For more context, see our guide to types of leave and absence management.
Even a 5-day paternity leave entitlement requires tracking the 40/52 employment condition, the 14-week window, and the split-period option. A leave management system that handles Hong Kong-specific rules keeps you compliant and your employees supported.
Sources
- Paternity Leave Ordinance (Cap. 577) (primary source)
- Labour Department — Paternity Leave (government)
- Employment Ordinance (Cap. 57) (government)
Last updated: 26 July 2026. This article is general information, not legal advice. Confirm current obligations with the Labour Department and check the applicable employment contract.