Sick Child = Sick Leave Pay?

First of All, I am American and I know the Laws in Hong Kong are different from the Laws in America. So please be nice, I am trying to educate myself!


I am a single parent without a helper working in Hong Kong for nearly 2 years. My work gives me 3 sick days a year, to date I have only used 2. Last week my daughter got a fever. I did all the right things; I notified work, took my daughter to doctor, got a sick leave note from the doctor showing that he recommended she stay home for the day. When I returned to work I gave the sick leave note to my boss as proof of why I was gone for the day.


My boss then informed me that the missed day was unpaid, even though I have an unused sick day which expires at the end of the month.


In America it is illegal to deny sick pay to a parent who stays home to take care of a sick child, even if it is only for a day.


My question is, in Hong Kong does the Law require that sick leave be paid to parents who take care of their children. I am not a rich expat by any means and one day of pay means a lot to me, however I intend to do things by the Law of my adopted Country.


Any advice?

Hi elionkg,


HK and US law are different on this aspect I'm afraid.


Also, sick days do not expire but are accumulated according to your length of service (under continuous service).


Three sick days a year means the company will pay you full pay for 3 days when you are sick and unable to work. This does not include sick children, sick relatives or anyone else. It has to be you.


(Other days you are sick would be paid at 80% until you use up your number of accumulated sick days (depends on length of service)).


Of course, some employers/bosses are more lenient in granting time off, etc. But sick days are for when you are sick. The day you took off would be classed as unpaid leave.

There could also be variations between employers. First place to check would be your employment contract. And then (for the education process) check the Employment Ordinance on the Labour Dept website. Overall, though, I think that what your employer has done sounds about right.

Hi Mad-Town,


My daughter is 7 years old and this law has been effect at least that long, although I know things were different when I was growing up. The law may vary from state-to-state but the 3 I have lived in all required sick days to be applicable to children because the governement feels that if your sick kid goes to school or daycare then they get everyone else sick and it starts a cascade effect. Helpers are not allowed in the states (unless you are wealthy) and many people move far away from their families and don't have that kind of help. I additionally think the requirement is due to the high number of single parents in the US as compared to other countries. I know I get a lot of flack from locals being a single parent in Hong Kong kong without family or spouse. I agree with you about PTO - that would make much more sense.

Two different jobs I worked at, one a local company, the other... kind of US company... both said I'm not entitled to sick leave to care for sick children. It has to be my own personal holiday leave or unpaid leave.