Sick leave

Sick leave in Hong Kong entitles employees to a minimum of four days of paid leave per year for illness or medical treatment. This statutory entitlement applies to all employees who have completed a probationary period, typically three months of continuous employment. The leave covers absences due to personal illness, injury, or medical consultation, and employers must continue paying the employee's ordinary wages during approved sick leave periods.

The Employment Ordinance (Chapter 57 of the Laws of Hong Kong) governs sick leave entitlements. Section 36 of the Ordinance establishes the four-day minimum annual allocation and sets out the conditions under which employees may claim this benefit. Employers may require medical certification for absences exceeding two consecutive days, though they must bear the cost of any medical examination they mandate.

Unused sick leave does not carry forward to the following year under the statutory minimum, though employers may offer more generous policies that permit accumulation. Employees cannot be required to forfeit accrued sick leave as a disciplinary measure, and dismissal based solely on legitimate sick leave usage is prohibited.

Payroll teams must track sick leave usage separately from other leave categories and ensure that sick leave payments are calculated at the employee's ordinary wage rate, excluding discretionary bonuses. Employers should maintain clear documentation of sick leave requests and any medical certificates provided. Non-compliance with sick leave obligations can result in claims before the Labour Tribunal, making accurate administration essential for Hong Kong employers.