Chapter 5
5
MEDICAL ATTENTION AND SICKNESS ALLOWANCE
For Employer
Q5.1 Should I pay for the medical expenses incurred by my helper when he/ she is ill or injured?
Yes. When your helper is ill or injured, you shall provide free medical treatment to him/her whether or not it is attributable to his/her employment. Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment. In this connection, you are strongly advised to take out an insurance policy with full medical and hospitalization coverage for the helper. You may also consider taking out a comprehensive insurance policy which provides medical and hospitalization coverage and satisfies the requirement under the Employees’ Compensation Ordinance at the same time. You are advised to appropriately keep a copy of the medical records provided by your helper.
For the avoidance of doubt, the revised standard employment contract introduced on 1 April 2003 makes it clear that, under the new contract, employers are not responsible for providing free medical treatment during the period when the helper leaves Hong Kong of his/her own volition and for his/ her personal purposes e.g. on home leave.
Q5.2 Can I appoint a medical practitioner for my helper in times of illness or injury?
Under the employment contract, a helper shall accept medical treatment by any registered medical practitioner as provided by the employer. It is advisable to reach prior agreement with your helper as to which medical practitioner should be consulted in times of illness or injury.
Q5.3 Under what circumstances is a helper entitled to sickness allowance?
An employer should pay the helper sickness allowance if:
he/she has accumulated sufficient number of paid sickness days
the sick leave taken is not less than 4 consecutive days; and
the sick leave is supported by an appropriate medical certificate (regarding a helper’s medical examination in relation to her pregnancy, may also be supported by a certificate of attendanceNote 1 apart from a medical certificate).
Paid sickness days are accumulated at the rate of 2 paid sickness days for each completed month of helper’s employment during the first 12 months, and 4 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.
Q5.4 What is the rate of sickness allowance? When should it be paid?
The daily rate of sickness allowance is a sum equivalent to four-fifths of the average daily wages* of the helper. It should be paid not later than the normal pay day.
Q5.5 Can an employer dismiss the helper who is on paid sick leave?
No. Except in cases of summary dismissal due to the helper’s serious misconduct, an employer who contravenes the provision is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000.
The employer is also required to pay the helper: payment in lieu of notice;
a further sum equivalent to 7 days’ wages as compensation*; and his/her entitled sickness allowance.
The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance. See Chapter 10.
Note 1: Certificate of attendance is not applicable to an FDH’s medical examination in relation to her pregnancy conducted before 11 December 2020.
* For details of the calculation of sickness allowance and compensation, please refer to “A Concise Guide to the Employment Ordinance”. Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labor Department.