[Labor law sick leave/sick leave salary deduction/sick leave 5 points 4/sick leave annual leave] Today is the fourth day of the Lunar New Year (25th), and the long holiday of the Lunar New Year is coming to an end. During the long holiday, many people travel abroad, which coincides with the government next Monday (30th) Since the cancellation of the quarantine order, the Labor Department has recently updated the FAQs on sickness allowance and employment protection, and explained that the sick leave arrangements for quarantine orders will no longer be issued to confirmed persons starting from January 30.
If you get sick while traveling abroad or have to comply with local epidemic prevention requirements and cannot return to Hong Kong to work after the end of the original holiday, should you be entitled to sick leave or paid annual leave if you get sick while taking paid annual leave?
Read the latest sick leave calculation regulations in one article.
Employment benefits computer calculation of annual leave, legal leave and severance pay
Check the address of the branch office of the Labor Relations Division of the Labor Department
List of sickness allowance details
▼January 22, New Year's Day, citizens go out to celebrate the New Year's Day▼
1. Is absence from work due to infection with the new crown virus entitled to sickness allowance/paid sick leave?
Employers are required to handle employee sick leave and sickness allowances in accordance with the provisions of the Employment Ordinance and the terms of the employment contract.
Employees absent from work due to COVID-19 are entitled to sickness allowance if they meet the following conditions:
Employed under a continuous contract (employee has been continuously employed by the same employer for 4 weeks or more, working a minimum of 18 hours per week)
Take sick leave for not less than 4 consecutive days
have accrued sufficient paid sick leave note
The employee can produce a valid medical certificate
2. Can employers restrict employees who are infected with the new crown from going to work or ask asymptomatic people to take unpaid leave?
After the health authorities no longer issue isolation orders, if an employee becomes ill and is not fit for work, the employer should advise the employee to seek medical treatment as soon as possible and take sick leave.
If the employee does not request to take sick leave, he can generally work as usual; if the employer fails to arrange for the relevant employee to go to work, he should pay the employee the remuneration that the employee would have received if he had worked during the period.
▼On January 17, there was a long queue at the MacPherson Testing Station in Mong Kok▼
3. If I get sick during a trip or have to comply with the local epidemic prevention requirements and fail to return to Hong Kong to work after the original holiday, can I enjoy sickness allowance?
Unless you can produce a medical certificate issued by a registered doctor, registered Chinese medicine practitioner or registered dentist in Hong Kong specifying the employee's illness and being unfit for work during the relevant period and meeting other relevant qualifications, you will not be entitled to sickness allowance. Absence from work is also not eligible for sickness benefits.
4. If you get sick during paid annual leave, should the period of sickness be counted as sick leave or paid annual leave?
According to the Employment Ordinance, when an employee's paid annual leave period starts earlier than the sick leave period, the sickness period should be counted as paid annual leave.
If the period of sick leave begins before the period of paid annual leave, or if the period of sick leave starts at the same time as the period of paid annual leave, the period of sickness shall be counted as sick leave.
5. Can an employer fire an employee infected with the new crown?
Except for the immediate dismissal due to serious negligence of the employee, the employer cannot dismiss the employee while the employee is on statutory paid sick leave. If the employer cannot prove that the dismissal is based on justified grounds stipulated in the Ordinance, the Labor Tribunal will, after considering the circumstances of the case, If the dismissal is found to be unreasonable and unlawful, the employer may order the employee to reinstate or rehire the employee or to pay termination payments.
Isolation Order Rescinded｜Pak-Leung Ho Calls for No Suspicion Hong Kong Returns Slowly: Non-medical Reasons for Removal of the Quarantine Order｜Pak-Liang Ho Worried Citizens Are at a Lose Affordable: Normalize the withdrawal of isolation orders in the face of the epidemic｜Community isolation facilities will operate until 2.28. Stay up to 7 days, and the isolation order can be withdrawn earlier at any time｜Medical Association: Most private doctors will consult and isolate confirmed patients Cancellation of order｜On 1.30, only serious death cases were reported
What is the definition of sick leave 4/5?
The daily rate of sickness allowance is equal to four-fifths of the average daily wages earned by the employee on the day of sick leave or in the 12 months preceding the first day of sick leave.
How does paid sick leave accrue?
2 days of paid sick leave for each full month of service within the first 12 months of employment, 4 days for each full month of service thereafter, and may continue to accrue throughout the entire period of employment, but not to exceed at any time 120 days