Frequently Asked Questions about
The Employment Ordinance, Cap. 57
Sick Leave

Q1. Can paid sickness days be accumulated? Answer
Q2. Under what circumstances is an employee entitled to sickness allowance? Answer
Q3. How is sickness allowance calculated? Answer
Q4. Can an employer dismiss an employee who is on paid sick leave? Answer
 
Content
 
Q1. Can paid sickness days be accumulated?
A1.

Yes. Paid sickness days can be accumulated up to a maximum of 120 days. It is accumulated at the rate of 2 paid sickness days for each completed month of employment under a continuous contract during the first 12 months of employment, and 4 paid sickness days per month thereafter.

Paid sickness days are divided into two categories - Category 1 being the first 36 days accumulated; and Category 2 being the subsequent 84 days. (Click here to see Q2 for paid sick leave taken under Categories 1 & 2)

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Q2. Under what circumstances is an employee entitled to sickness allowance?
A2.

The employer should pay his employee sickness allowance if the employee -

(a) has accumulated the number of paid sickness days taken;
(b) the sick leave taken is not less than 4 consecutive days; and
(c) the sick leave is supported by an appropriate medical certificate.

Paid sick leave taken under Category 1 requires a medical certificate issued by a registered medical practitioner, registered Chinese medicine practitioner or a registered dentist.Paid sick leave taken under Category 2 requires a medical certificate issued by a registered medical practitioner, registered Chinese medicine practitioner or a registered dentist attending the employee as an out-patient or in-patient in a hospital.(Click here to see A1 for definition of Categories 1 & 2.)

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Q3. How is sickness allowance calculated?
A3.

The daily rate of sickness allowance is equal to four-fifths of the average daily wages earned by an employee in the 12-month period preceding the sickness day.In calculating the average daily wages, an employer has to exclude (i) the periods for which an employee is not paid his wages or full wages, including rest day, statutory holiday, annual leave, sickness day, maternity leave, sick leave due to work injuries or leave taken with the agreement of the employer, and any normal working day on which the employee is not provided by the employer with work; together with (ii) the sum paid to the employee for such periods.

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Q4. Can an employer dismiss an employee who is on paid sick leave ?
A4.

No, except in cases of summary dismissal due to an employee's serious misconduct. Otherwise, it is an offence of which the employer is liable to prosecution and, upon conviction, to a fine of HK$100,000. He is also required to pay the employee -

(a) wages in lieu of notice;
(b) a further sum equivalent to 7 days' wages as compensation; and
(c) any sickness allowance to which the employee is entitled.

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