Employment Ordinance

(1)
For the purposes of
section 33(5B)
, this section sets out the
                requirements for a certificate of attendance in relation to a female employee’s
                attendance on a particular day at a medical examination in relation to her
                pregnancy.
(2)
The
certificate—
(a)
must state that the employee attends the examination on that day;
                    and
(b)
subject to subsections (3), (4) and (5), must be issued by a medical
                    professional.
(3)
If the employee attends the examination as an in-patient in a hospital, the
                certificate must be issued by a medical professional who conducts the
                examination.
(4)
If, in relation to the
examination—
(a)
the employee takes paid sickness days entered in category 2 of the record
                    kept for the employee under
section 37(1A)
; and
(b)
the employer requires the employee to attend the examination in a
                    hospital,
the certificate must be issued by a medical professional who conducts the
                examination for the employee as an
out-
patient or
in-
patient in a
                hospital.
(5)
If the employer operates a recognized scheme of medical treatment, the
                certificate must be issued by a registered medical practitioner, or a registered
                Chinese medicine practitioner, engaged by the employer for the purposes of the
                scheme.
(6)
However, subsection (5) does not apply
if—
(a)
subsection (3) or (4) applies in relation to the employee;
(b)
the employee chooses to be examined by a registered medical practitioner
                    and no registered medical practitioner is engaged by the employer for the
                    purposes of the scheme;
(c)
the employee chooses to be examined by a registered Chinese medicine
                    practitioner and no registered Chinese medicine practitioner is engaged by the
                    employer for the purposes of the scheme; or
(d)
the employee has a reasonable excuse not to attend the examination under
                    the scheme.
(7)
In this
section—
hospital
(
醫院
) has
                the meaning given by
section 33(6
)(
a)
;
medical professional
(
醫療專業人員
) means—
(a)
a registered medical practitioner;
(b)
a registered Chinese medicine practitioner;
(c)
a midwife registered under
section 8
of the Midwives
                        Registration Ordinance (
Cap. 162
) or deemed to
                        be registered under
section 25
of that Ordinance; or
(d)
a person with full registration, special registration or limited
                        registration within the meaning of the Nurses Registration Ordinance (
Cap. 164
).
(Replaced
24 of 2024 s. 91
)