COVID-19 and Employment Issues (1st Series)

What if an Employee has contracted COVID-19 ?

Where an employee has contracted the disease, the employer should grant the employee sick leave in accordance with the Employment Ordinance and the employment contract.

Under the Employment Ordinance, an employee employed under a continuous contract is entitled to sickness allowance (equivalent to 4/5 of the employee’s average daily wages) if:

1. The sick leave is supported by an appropriate medical certificate; and

An appropriate medical certificate is one which is issued by any registered medical practitioner, registered Chinese medicine practitioner or registered dentist, and which specifies the number of days on which the employee was, is or will be, unfit for work, and the nature of the sickness or injury on account of which, the employee was, is or will be, unfit for work.

2. The sick leave is not less than 4 consecutive days; and

3. The employee has accumulated sufficient number of paid sickness days.

Where a sick employee has not accumulated sufficient paid sickness days to cover the period of sick leave, the employer can consider granting the employee paid sick leave.

 

Can the Employer dismiss or terminate the employment contract of the Employee when Employee is on paid sick leave ?

Under the Employment Ordinance, an employer is prohibited from terminating the contract of employment of an employee on his/her paid sickness day.

 

For Employer

An Employer who contravenes this provision commits an offence, and is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000.

The Employer is also required to pay to the dismissed Employee:

1. payment in lieu of notice, a further sum equivalent to 7 days’ wages as compensation; and
2. any sickness allowance to which the employee is entitled.

 

For Employee:

For Employee who has been dismissed other than for a valid reason, the Employee can make a claim for remedies at the Labour Tribunal.

The Labour Tribunal may make an order of:

1. reinstatement or re-engagement; OR
2. terminal payments.

If no order for reinstatement or re-engagement is made, the Labour Tribunal may, make an award of terminal payments and an award of compensation of up to HK$150,000  as it considers appropriate.

 

 

For legal advice or services on employment disputes, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public [Tel: +852 2856 3799   Email:cac@ccsn.hk]

www.ccsn.hk

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