Chapter 7

7

PATERNITY PROTECTION

For Both Employer and Helper

Q7.1 Under what circumstances is a helper entitled to paid paternity leave?

A male helper is entitled to 5 days’ paid paternity leave for each confinement of his spouse/partner if he:

has been employed for not less than 40 weeks immediately before the day of paternity leave;

has given the required notification to the employer; and

has provided the required document to the employer within the following period (whichever period expires first):

12 months after the first day of paternity leave taken; or

if he ceases to be employed, within 6 months after cessation of employment.

Q7.2 How should the helper notify his employer of taking the paternity leave?

The helper must notify his employer of his intention to take paternity leave at least 3 months before the expected date of delivery of the child (exact date of leave not required at this stage); and the date of his paternity leave before taking the leave.

If the helper fails to give the above mentioned 3 months’ advance notice to the employer, he must notify the employer of his date of paternity leave at least 5 days before that date.

Q7.3 When may paternity leave be taken?

The helper may take paternity leave at any time during the period from 4 weeks before the expected date of delivery of the child to 14 weeks

Note 4 beginning on the actual date of delivery of the child.

The helper may take all 5 days of paternity leave in one go or on separate days.