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Pregnancy Protection

Pregnancy Protection

Pregnancy Protection

1. What conditions must a helper fulfill to be eligible for paid paternity leave?

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

a. has been employed under a continuous contract for not less than 40 weeks immediately before the day of paternity leave;

b. has given the required notice to the employer;

c. provides the employer with the required documents before the earlier of the following days:

● 12 months after the first day of paternity leave;

● If he has ceased to be employed, 6 months after cessation of employment.

2. How should a helper notify the employer that he will take paternity leave?

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

b. If the helper fails to give the 3 months’ advance notice, he must notify the employer of the exact dates of the leave not less than 5 days before taking the leave.

3.When can a helper take paternity leave?

a. A helper may take paternity leave on any day during the period from 4 weeks before the expected date of delivery of the child to 14 weeks beginning on the  actual date of delivery.

b. The 5 days of paternity leave may be taken as a continuous period or separate days.

4.What documents must a helper provide to get paternity leave pay?

a. A birth certificate of the child on which the helper is named as the father of the child.

b. If the child is stillborn or dies after birth without a birth certificate being issued, a medical certificate certifying delivery of the child from a registered medical practitioner.

5.How is paternity leave pay calculated and when should it be paid by the employer?

a. The daily rate of paternity leave pay is four-fifths of the helper’s average daily wages.

b. If the required documents are provided on or before the day of paternity  leave, the employer must pay the paternity leave pay on or before the following days:

● The helper’s next pay day after the day of paternity leave;

● If he has ceased to be employed, within 7 days after cessation of employment.

c. If the required documents are provided after taking the paternity leave, the  employer must pay the paternity leave pay on or before the following days:

● The helper’s next pay day after providing the documents;

● The helper’s next pay day after providing the documents;