Chapter 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?
A	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. 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?
A	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.
For both employer and helper
Q5.3	Under what circumstances is a helper entitled to sickness allowance?
A	An employer should pay the helper sickness allowance if : he/she has accumulated the number of paid sickness days; the sick leave taken is not less than four consecutive days; and the sick leave is supported by an appropriate medical certificate. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of service during the first 12 months of employment; and four paid sickness days for each month of service thereafter subject to a maximum of 120 days.
Q5.4	What is the rate of sickness allowance? When should it be paid?
A	The rate of sickness allowance is equal to four-fifths of the normal wages. 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?
A	No, except in cases of summary dismissal due to the helper's serious misconduct. Otherwise, it is an offence under which the employer is liable to prosecution and, upon conviction, to a fine of HK$100,000. The employer is also required to pay the helper: wages in lieu of notice; a further sum equivalent to seven days' wages; 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 9).