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:
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.
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.
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:
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:
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:email@example.com]
The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.