Sick Leave Advice

Just after some advice about taking sick leave. I have been with my current employer for 2 years and my contract states that I can take 1 paid sick day for each month totalling 11 per year (I'm a teacher so August doesn't count). Anyway, I resigned from my position a few months ago but have to see out the school year. Recently, however a few staff members and management have been doing all they can to make my life miserable, accusing me of doing things I haven't done etc. Purpose unknown as I'm leaving anyway. But this has started to take a toll and I'm feeling totally stressed out. It's quite literally making me sick! I am thinking about going to the doctor and asking for stress leave as it's not only affecting my health and mental well being but my interactions with students.

So, my question is if I take sick leave in excess of my 11 days can I get paid for this? The employment ordinance states you can get up to 120 days paid sickness allowance but I don't quite understand this as it differs from my contract Which one is the one I follow? Someone told me I could take leave on 80% pay? Any advice would be super helpful. Thanks!

Hi hkjazz,


Sorry to hear your situation.


The Employment Ordinance stands above your employment contract and anything in your contract that contradicts the minimum rights stated in the Ordinance will not be legally binding.


I think what they mean by 1 paid sick day for each month is 1 day of sick leave paid at full rate. Other sick days that you have accumulated (see below) could be paid at 80% your full rate.


An employee can accumulate paid sickness days after having been

employed under a continuous contract. Paid sickness days are

accumulated at the rate of two paid sickness days for each completed

month of the employee's employment during the first 12 months, and four

paid sickness days for each completed month of employment thereafter.

Paid sickness days can be accumulated up to a maximum of 120 days.


So you need to figure out, based on your length of service, how many sick days you have accumulated. Some would be paid at full rate according to your contract and others at 80%. Any days in excess of these would not be paid.


I hope that's clear and helps. Contact me if you want more information or if anything isn't clear.


Hope things get better for you.

chris_in _hk, thanks so much for the advice! It's all quite clear, however if I resigned a new contract after the first 12 months am I still be considered to be on my second year of employment? (continuous contract?) Thanks again!

You're welcome hkjazz.


The way I understand it you will be (in your second year of employment).

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We want something better. A software that can be used offline and could be integrated to Project / Absentee management software. A some kind of Leave tracking Software.vacationtrackingsoftware.org is good but it does NOT have an amazing Time tracking application. In addition, their system is very straight forward . We need a very complex software. In addition, i need to burn our budget by the end of the year. This vacationtrackingsoftware.org are too cheap :(

It doesn’t have offline running feature, you must have to be always online for using this software.


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