Employment Ordinance

(1)
For the purposes of subsections (2), (2A) and (2B),
wages
(
工資
) includes any sum paid by an employer in respect
of—
(a)
a day of maternity leave, a day of paternity leave, a rest day, a
                        sickness day, a holiday or a day of annual leave taken by the employee;
(Amended
21 of 2014 s. 10
)
(b)
a day of leave taken by the employee with the agreement of his employer;
(c)
a normal working day on which the employee is not provided with work;
(d)
a day of absence from work of the employee due to temporary incapacity
                        for which compensation is payable under
section 10
of the
                        Employees’ Compensation Ordinance (
Cap. 282
).
(Replaced
7 of 2007 s. 10
)
(2)
The daily rate of sickness allowance is a sum equivalent to
four-
fifths of the daily average of the wages earned by the employee
during—
(a)
the period of 12 months immediately before the sickness day or first sickness day (as appropriate); or
(b)
if the employee has been employed by the employer concerned for a period shorter than 12 months immediately before the sickness day or first sickness day (as appropriate), the shorter period,
but no sickness allowance is payable in respect of a day on which the employee would not
                have worked had
                the
                employee not been sick or injured or absent from work due to the employee’s
                compliance with a
Cap. 599
requirement and for which no wages would normally be payable by
                the employer.
(Replaced
7 of 2007 s. 10
. Amended
5 of 2022 s. 8
)
(2A)
In calculating the daily average of the wages earned by an employee during the period of 12 months or the shorter
period—
(a)
any period therein for which the employee was not paid his wages or full wages by reason
of—
(i)
any maternity leave, paternity leave, rest day, sickness day, holiday
                        or annual leave taken by the employee;
(Amended
21 of 2014 s. 10
)
(ii)
any leave taken by the employee with the agreement of his employer;
(iii)
his not being provided by his employer with work on any normal working day; or
(iv)
his absence from work due to temporary incapacity for which compensation is payable under
section 10
of the Employees’ Compensation Ordinance (
Cap. 282
); and
(b)
any wages paid to him for the period referred to in paragraph (a),
are to be disregarded.
(Added
7 of 2007 s. 10
)
(2B)
For the avoidance of doubt, if the amount of the wages paid to an employee in
                respect of a day specified in subsection (1) is only a fraction of the amount earned
                by the employee on a normal working day, the wages and the day are to be disregarded
                in accordance with subsection (2A).
(Added
7 of 2007 s. 10
)
(2C)
Despite subsection (2), if for any reason it is impracticable to calculate the
                daily average of the wages earned by an employee in the manner provided in that
                subsection, the amount may be calculated by reference to the wages earned by a
                person who was employed at the same work by the same employer during the period of
                12 months immediately before the employee’s sickness day or first sickness day (as
                appropriate), or, if there is no such person, by a person who was employed in the
                same trade or occupation and at the same work in the same district during the period
                of 12 months immediately before the employee’s sickness day or first sickness day
                (as appropriate).
(Added
7 of 2007 s. 10
)
(3)
Where a contract of employment of an employee is terminated, sickness allowance
                payable under
section 33(4C)
shall be calculated in accordance with this section.
(Added
48 of 1984 s. 15
. Amended
7 of 2007 s. 10
)
(4)
If, pursuant to the terms of his contract of employment or any other agreement
                or for any other reason, an employee is paid by his employer a sum of money in
                respect of a paid sickness day taken by him, the sickness allowance payable to the
                employee in respect of that sickness day is to be reduced by the sum.
(Added
7 of 2007 s. 10
)