Is the employee entitled to sickness allowance if a medical certificate can be presented?
Labour DepartmentEligibility for Sickness Allowance
According to the Employment Ordinance, an employee who has been employed by his/her employer under a continuous contract, shall be eligible for a sickness allowance (a sum equivalent to four-fifths of his/her average daily wages) if the following conditions are fulfilled:
- 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 );
- he/she has accumulated sufficient number of paid sickness days（please refer to 'Accumulation of Paid Sickness Days' and 'Categories of Paid Sickness Days'）；and
- the sick leave is supported by any one of the documentary proof：
| Type of documentary proof | Requirements of documentary proof |
|---|---|
| (i) medical certificate |
|
(ii) certificate of attendance (regarding an employee’s medical examination in relation to her pregnancy, may also be supported by a certificate of attendance issued by a registered medical practitioner, a registered Chinese medicine practitioner, a registered midwife or a registered nurse, apart from a medical certificate) |
|
(iii) proof 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), (please refer to 'Categories of Paid Sickness Days').
|
|
Sickness allowance should be paid to the employee not later than the normal pay day. An employer who without reasonable excuse fails to pay sickness allowance to an employee is liable to prosecution and, upon conviction, to a fine of $50,000.
Circumstances under which an employee shall not be entitled to sickness allowance
An employee shall not be entitled to sickness allowance under the following circumstances:
- the employee, without reasonable excuse, refuses treatment by a company doctor of a medical scheme recognised by the Director of Health or disregards the advice of the doctor. (If the recognised scheme of medical treatment operated by an employer does not cover treatment from a certain medical discipline, the employee may choose to receive treatment from any registered medical practitioner, registered Chinese medicine practitioner or registered dentist under that particular discipline);
- the sickness days fall on statutory holidays on which the employee is entitled to holiday pay; or
- the employee is suffering from work injury and is entitled to compensation payable under the Employees' Compensation Ordinance.
Accumulation of Paid Sickness Days
An employee can accumulate paid sickness days after having been employed under a continuous contract. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of the employee's employment during the first 12 months, and four paid sickness days for each completed month of employment thereafter. Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time.
Categories of Paid Sickness Days
Paid sickness days are divided into two categories. Paid sickness days can first be accumulated up to 36 days in Category 1 and then 84 days in Category 2.
| Category | Total number | Conditions for taking paid sickness day(s) |
|---|---|---|
| Category 1 | 36 |
|
| Category 2 | 84 |
|
The is not a legal document. The Ordinance remains the sole authority for the provisions of the law explained.
Want to learn more?
