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Employment Ordinance Chapter 5 (Sickness Allowance)

Employment Ordinance Chapter 5 (Sickness Allowance)

Eligibility for Sickness Allowance

An employee employed under a continuous contract is entitled to sickness allowance if the following conditions are fulfilled:

1. the sick leave taken is not less than four consecutive days (unless for any day off taken by a female employee for her pregnancy check-ups, post confinement medical treatment or miscarriage, any such day on which she is absent shall be counted as a sickness day and, subject to the following conditions, be paid sickness allowance);

2. the employee has accumulated sufficient number of paid sickness days (see the parts below on “Accumulation of Paid Sickness Days” and “Two Categories of Paid Sickness Days”); and

3. the sick leave is supported by: (i) an appropriate medical certificate (regarding an employee’s medical examination in relation to her pregnancy, may also be supported by a certificate of attendance1 apart from a medical certificate); or (ii) regarding the absence from work of an employee by reason of his/her compliance with a specific anti-epidemic requirement with a movement restriction imposed under the Prevention and Control of Disease Ordinance (Cap. 599)2, the employee is required to produce a proof of such movement restriction3 (see the part below on “Two Categories of Paid Sickness Days”).

Sickness Allowance

The daily rate of sickness allowance is a sum equivalent to four-fifths of the average daily wages earned by an employee in the 12-month period preceding the following specified dates. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period. Sickness allowance should be paid to the employee not later than the normal pay day.

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