Employment Ordinance

(1)
Every employer shall keep a
record—
(a)
of the date of commencement and termination of the employment of each employee;
(b)
in accordance with subsection (1A), of all paid sickness days accumulated by each employee under
section 33
;
(c)
of all paid sickness days taken by each employee in respect of which sickness allowance is payable under
section 33
, and such sickness days shall be deducted in accordance with subsection (1B); and
(d)
of all sickness allowance paid to each employee and the sickness days in respect of which the sickness allowance was paid.
(Replaced
57 of 1983 s. 6
)
(1A)
A record kept for the purposes of subsection
(1
)(
b)
shall contain the
                following heads and
details—
Category 1:
in which shall be entered the number of paid sickness
                                days accumulated by an employee—
(a)
under
section
                                    33(2A)
; and
(b)
in respect of each month under
section
                                    33(2)
,
but so however that the total number of paid sickness
                                days in this category does not at
the time of entry exceed 36 days; and
Category 2:
in which shall be entered every paid sickness day in
                                excess of 36 days which cannot be entered in category 1, but so
                                however that the total number of paid sickness days in this category
                                does not at the time of entry exceed 84 days,
and references in this section to category 1 and
                                category 2 shall be construed as references to category 1 and
                                category 2 respectively in this subsection.
(Added
57 of 1983 s. 6
)
(1B)
The number of paid sickness days taken consecutively by an employee shall be deducted from the total number of paid sickness days in category 1 accumulated by him immediately before the commencement of those sickness days and where the number of paid sickness days taken exceeds the total number of paid sickness days in that category, the excess paid sickness days shall be deducted from the total number of paid sickness days in category 2 accumulated by him immediately before such commencement.
(Added
57 of 1983 s. 6
)
(2)
If an employer maintains a record under subsection (1
)—
(a)
an employee who returns to work after a sickness day shall, as soon as is practicable but not later than 7 days after his return to work, sign the entry in the record specifying the days on which he has been absent;
(b)
an employee shall be entitled to inspect that part of the record which relates to him at any reasonable time during working hours and, where an employee has ceased to be employed by his employer, he may inspect that part of the record which relates to him at any reasonable time during working hours in the period of 2 months next following the date on which he ceased to be employed.
(3)
If an employer fails to maintain the record under subsection (1) in respect of any employee employed by him, or if the record is lost or destroyed, the employee shall, notwithstanding any sickness allowance paid to him by his employer under
section 33
, be entitled to paid sickness days for each completed month of his employment in accordance with
section 33
.
(Amended
57 of 1983 s. 6
)