All things about Paid Leave (Sick Leave Inclusive)

All things about Paid Leave (Sick Leave Inclusive)

A domestic worker with a permanent contract is entitled to at least one day of leave every seven days (usually Sundays). A day of rest means a continuous period of at least 24 hours during which the domestic worker has the right to suspend his/her work. Public holidays are not the same as statutory holidays. The domestic worker employed under a continuous contract is entitled to the days of leave and the holidays provided for by law.

The employer is usually in charge of fixing rest days. They can be allowed on an irregular or regular basis. The employer must inform the helper of the provisions. If a required holiday falls on a rest day, it must be taken the day after the rest day or the day before.

If your employer tells you to work on a Sunday or your typical day off, you can refuse this order because the employer should not force an employee to work on a day off unless unforeseen circumstances. However, employees can work voluntarily on a day off. The employer must replace it with another day of leave within 30 days of the first day of leave.

Employers who do not give employees days off or force them to work on their days off face criminal charges and, if found guilty, are subject to a fine of HK$50,000.

Statutory Holidays

Employees, regardless of their seniority, are entitled to the following statutory holidays:

• Christmas day or Chinese winter solstice festival (at the employer's choice)
• Ching Ming Festival
• Chung Yeung Festival
• Labor Day, which is May 1.
• Lunar New Year
• The national holiday, being the first day of October
• The day after the Mid-Autumn Festival in China
• The day of establishment of the Hong Kong Special Administrative Region is the first day of July.
• On January 1, January 2 day of the lunar new year
• The third day of the lunar new year
• Tuen Ng Festival

If employees work on a statutory public holiday, their employer must grant them alternative leave 60 days before or after this holiday, with 48 hours' notice.

Employers must not make any form of payment to an employee to replace statutory vacation (or alternate vacation).

Employers who do not grant statutory, alternative, or replacement leave or who do not pay employees rest leave are liable to criminal prosecution and, if found guilty, to a fine of HK$50,000.

Annual Leave

Domestic helpers are entitled to paid annual leave after working on current contracts every 12 months. Employees' right to paid annual leave gradually increases from 7 days to a maximum of 14 days, depending on seniority.

Annual leave pay is equal to the regular salary that employees would have received if they worked during the vacation period.

For employees who work part-time or whose daily salary varies from day to day, the annual leave allowance must equal the average daily wage received on the employees' working days during each pay period complete. The expiry period must be at least 28 days and at most 31 days immediately preceding the annual leave or the day on which the employment contract ends.

Employers are required by law under section 41G of the Labor Ordinance to keep a register of annual leave.

Offences and Penalties

Employers who fail to grant annual leave or pay annual leave to employees face criminal charges and, if found guilty, a fine of HK$50,000.

 

Leave and Medical Assistance

Employees can accumulate paid sick days after being employed with current contracts. The paid sick days are added to two paid sick days for each whole month of work in the first 12 months of work, and four paid sick days for each full month of work following. Paid sick leave can be accumulated for up to 120 days.

Sick leave is the day an employee is absent from work due to injury or illness. A paid sick day is a sick day on which the worker gets entitled to sick pay.

Sickness benefit is equal to four-fifths of the regular wage a worker would receive if s/he were working.

In general, domestic workers are entitled to sickness benefits if:

• They have accumulated a significant number of paid sick days. (Note: Paid sick days can be accumulated up to a maximum of 120 days. These can be earned based on two paid sick days for each full month of permanent work in the first 12 months of work and four working days paid sick days (sick days paid the following month.)
• Medical license evidenced by an appropriate medical certificate; 
• The sick leave is not less than four consecutive days (except if it is a rest day taken by a domestic worker for pregnancy screening, post-partum medical treatment, or miscarriage);

Domestic helpers are NOT entitled to sickness benefits in the following circumstances:

• Suppose the day of medical leave falls on a statutory public holiday, the worker is entitled to holiday pay, where compensation is paid per the Ordinance on Compensation of Employees.
• The domestic helper, without justified reason, refuses treatment by an occupational physician for a medical plan recognized by the Medical Director or disregards their opinion;

Employers who fail to pay sick pay to their employees face criminal prosecution and, if found guilty, a fine of HK$50,000.

The employer is prohibited from terminating employees' employment contracts during paid sick leave, except in the event of dismissal without notice for gross negligence.

Employers who violate the above provision face criminal prosecution and, if found guilty, a fine of HK$100,000. Employers must also pay the following amount of money to terminated employees within seven days of the date of termination:

• An additional amount equal to the wages of seven days
• Sickness benefit payable to the worker.
• Wages instead of notice

 

Maternity Leave

Domestic helpers employed under continuous contracts immediately before the start of maternity leave and who have given her notice of pregnancy to her employer is eligible for the following:

• A continuous period of ten weeks of maternity
• Suppose delivery takes place after the scheduled delivery date. In that case, an additional period is equal to the number of days from the day following the expected delivery date until the actual delivery date.
• May be entitled to an additional leave of up to four weeks due to illness or disability, pregnancy or childbirth.

Any day of absence will be considered a day of sickness when an employee is absent from work to present for a medical examination related to pregnancy, medical treatment after birth, or miscarriage.

Paternity Leave

Male employees who work indefinitely with children born after January 18, 2019, are entitled to 5 days of paternity leave for each birth of a spouse/partner if they give the necessary communication to their employers per the ordinance on the job.

How Is Sickness Allowance Calculated? When Will I Be Eligible For Health Insurance?

Sickness benefit is equal to four-fifths of the regular wage a worker would receive if s/he were working.

For employees working under contract or whose daily rate varies from day to day, the sickness benefit must equal the average daily wage received on full paydays. The payment period must be at least 28 days and not more than 31 days immediately before or ending on the first day of illness. Sickness benefit must be paid to the employee no later than the standard payment day.

In general, domestic helpers are entitled to sickness benefits if:

• They have accumulated an ample number of paid sick days. (Note: Paid sick days can be accumulated up to a maximum of 120 days. These can be collected based on two paid sick days for each full month of permanent work in the first 12 months of work and four working days paid sick days (sick days paid the following month.)
• Medical license evidenced by an appropriate medical certificate;
• The sick leave is not less than four consecutive days (except if it is a day of holiday taken by a helper for pregnancy screening, post-partum medical treatment, or miscarriage);

Domestic workers are NOT qualified for sickness benefits in the following circumstances:

• The employee, without justified reason, refuses treatment by an occupational physician for a medical plan recognized by the Medical Director or disregards their opinion;
• The day of medical leave falls on a statutory public holiday for which the worker is entitled to holiday pay. 
• The employer must pay compensation per the Ordinance on Compensation of Employees.

 

Final Word

Paid sick leave is a MUST for all domestic workers. From Statutory holidays to Sick leave, there are provisions under the law for these domestic workers to be paid. Take each seriously because if you're found guilty, you will end up paying hefty fines and penalties for it. 

Still, finding it difficult to comprehend the several paid leave? Let us guide you.