Sick leave

Sick leave in Hong Kong is governed by the Employment Ordinance, which entitles eligible employees to paid sick leave when they are unable to work due to illness or injury. The statutory sick leave entitlement is four days per year for employees who have completed a probationary period and have been employed for at least three months. Employees must provide medical certification if their absence exceeds three consecutive days, or if the employer reasonably requests it. The sick leave benefit is calculated at the employee's ordinary rate of pay, excluding overtime and discretionary allowances.

The Employment Ordinance, Chapter 57 of the Laws of Hong Kong, establishes the framework for sick leave rights. Section 34 of the ordinance sets out the conditions and calculation methods for sick leave entitlements. Employees are entitled to receive their normal wages during approved sick leave periods, provided they comply with notification and certification requirements.

There have been no recent statutory changes to the sick leave provisions. The four-day annual entitlement has remained consistent, though the government has periodically reviewed employment standards to align with evolving workplace practices.

Employers and payroll teams must maintain clear sick leave policies that comply with the Employment Ordinance. They should establish procedures for employees to report absences, require appropriate medical documentation when necessary, and accurately track and record all sick leave taken. Payroll systems must ensure that sick leave is paid at the correct rate and that employees do not lose accrued entitlements. Employers should also be aware that sick leave cannot be forfeited or replaced with cash payments unless the employment relationship terminates.