Whether it's catching a cold due to weather changes or just feeling under the weather, workers might have experienced a 'sick leave day'. However, not every Sick Leave (SL) is fully paid. Let's understand this through the Employment Ordinance:
The Employment Ordinance outlines the basic sick leave rights of employees, but not all sick leaves are fully paid. According to the ordinance, employees are eligible for paid sick leave only after meeting certain conditions, which include:
1. Employment Duration: The employee must have been employed for a specific period, generally meaning continuous work for 4 weeks with at least 18 hours worked per week.
2. Sick Leave Certification: Employees must provide a sick leave certificate issued by a registered doctor, Chinese medicine practitioner, or approved dentist.
3. Accumulated Sick Leave Days: The number of paid sick leave days an employee is entitled to accumulates based on their years of service. For example, in the first year, there might be only 2 days of paid sick leave, with additional days accruing for each additional year of service.
Moreover, sick leave pay is calculated based on the employee’s Average Daily Wage (ADW). If the pay during sick leave is lower than usual, it will be paid at this lower rate.
Importantly, not all sick leaves are fully paid. In some cases, if an employee has already used up their paid sick leave entitlement, the remaining sick leave may be unpaid. Additionally, employers might offer additional sick leave benefits based on company policy or contractual terms.
However, sick leave policies often vary from company to company, and the Employment Ordinance's minimum standards are referenced only when no specific terms are established.
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