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Paternity Policy
I need a paternity policy that outlines the leave entitlements for new fathers, including the duration of paid and unpaid leave, eligibility criteria, and the process for applying for paternity leave, in compliance with Hong Kong labor laws. The policy should also address flexible working arrangements post-leave and any support programs available for new fathers.
What is a Paternity Policy?
A Paternity Policy outlines how a company supports new fathers when they welcome a child. In Hong Kong, these policies typically detail the five days of statutory paternity leave that eligible male employees can take, along with any additional benefits the employer offers above the legal minimum.
The policy explains key details like how to apply for leave, when it must be taken (between 4 weeks before and 10 weeks after the birth), proof requirements such as birth certificates, and how paternity pay is calculated. Many Hong Kong employers now use these policies to showcase family-friendly practices that help attract and retain talent.
When should you use a Paternity Policy?
Companies need a Paternity Policy in place before male employees start requesting leave for their new children. Having clear guidelines ready helps prevent confusion, ensures compliance with Hong Kong's Employment Ordinance, and creates a smooth process for both HR teams and expecting fathers.
The policy becomes especially important when hiring male employees of childbearing age, expanding operations, or updating benefit packages. It helps manage leave requests efficiently, avoid disputes about entitlements, and demonstrate your company's commitment to work-life balance. Many organizations update their policy annually to reflect changing workforce needs and legal requirements.
What are the different types of Paternity Policy?
- Basic statutory policies cover just the mandatory five days of paternity leave and pay required by Hong Kong law
- Enhanced policies offer additional paid leave days beyond the legal minimum, often ranging from 7 to 14 days total
- Comprehensive family-friendly policies combine paternity leave with flexible work arrangements and childcare support
- International corporate policies align with global standards while meeting local requirements, useful for multinational companies
- Industry-specific versions add relevant provisions for sectors like banking, where coverage during leave is critical
Who should typically use a Paternity Policy?
- HR Departments: Create and maintain the Paternity Policy, process leave applications, and ensure compliance with Hong Kong labor laws
- Male Employees: Submit requests for paternity leave and provide required documentation like birth certificates
- Line Managers: Approve leave requests and manage team coverage during paternity absences
- Legal Teams: Review policy content to ensure alignment with Employment Ordinance requirements
- Payroll Staff: Calculate and process paternity pay according to policy guidelines
- Company Directors: Approve enhanced benefits beyond statutory minimums and sign off on policy updates
How do you write a Paternity Policy?
- Review Current Law: Check Hong Kong's latest Employment Ordinance requirements for paternity leave and benefits
- Gather Company Data: Document existing leave practices, workforce demographics, and any enhanced benefits offered
- Define Eligibility: Clarify employment duration requirements and documentation needed from employees
- Set Clear Processes: Establish application procedures, notice periods, and approval workflows
- Calculate Benefits: Determine pay rates during leave and any additional company-specific entitlements
- Draft Policy Language: Use our platform to generate a comprehensive, legally-compliant policy that includes all required elements
- Internal Review: Have HR and department heads validate the policy's practicality
What should be included in a Paternity Policy?
- Eligibility Criteria: Clear definition of qualifying employment duration and father status requirements
- Leave Duration: Statement of the 5-day statutory entitlement and any additional company benefits
- Notice Requirements: Specified timeframes for leave notification and documentation submission
- Pay Calculation: Formula for computing paternity pay at 80% of daily average wages
- Supporting Documents: List of required proof including birth certificate and father declaration
- Application Process: Step-by-step procedure for requesting and approving leave
- Timing Guidelines: Permitted period for taking leave (4 weeks before to 10 weeks after birth)
- Policy Review: Statement on regular updates to maintain compliance with Hong Kong law
What's the difference between a Paternity Policy and an Adoption Policy?
A Paternity Policy differs significantly from an Adoption Policy, though both deal with parental rights. While they share some similarities in supporting employees becoming parents, their specific requirements, timeframes, and documentation needs vary considerably under Hong Kong law.
- Leave Duration: Paternity leave is fixed at 5 days for biological fathers, while adoption leave can vary based on circumstances and may involve longer periods for adjustment
- Documentation Requirements: Paternity policies require birth certificates and father declarations, while adoption policies need formal adoption papers and court documents
- Timing Flexibility: Paternity leave must be taken within a strict window around the birth date, whereas adoption leave often allows more flexible arrangements to accommodate the adoption process
- Eligibility Criteria: Paternity policies apply specifically to male employees becoming biological fathers, while adoption policies cover any employee legally adopting a child, regardless of gender
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