Employee extended sick leave

Can anyone offer any advice.

I have a small company and 1 staff has been advised she is eligable for 6 months sick leave due to depression and can get a doctors note to this effect.

She is saying she wants to work part time for 3 months but wants full pay and has told me a doctors note can be provided to say she can work reduced hours - which I cant understand either your fit to work or not? and under the labour law I need to pay full salary. If I dont agree she will request a sick note for a full 6 months.


Is there anything I can do other than accept the 3 months part time? I feel like Im being blackmailed!

The labour department wasnt very helpful just kept saying she needed a sick note.


Appreciate any help.

The labour ordinance states clearly how sick leave is accrued and subsequently paid when sick leave taken. Unless she has been with you for some time she would not have six months leave accrued. Take a look at their website.


http://www.labour.gov.hk/eng/legislat/content2.htm


Chapter 5: Sickness Allowance

Accumulation of Paid Sickness Days

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.


Sickness Allowance

The daily rate of sickness allowance is a sum equivalent to four-fifths of the

average daily wages earned by an employee in the 12-month period

preceding the following specified dates. If an employee is employed for

less than 12 months, the calculation shall be based on the shorter period.

Day(s) of sickness day(s) Specified Dates

1 day The sickness day

More than 1 consecutive day The first sickness day

NOTE: In calculating the average daily wages, an employer has to

exclude (i) the periods for which an employee is not paid his wages or full

wages, including rest day, statutory holiday, annual leave, sickness day,

maternity leave, sick leave due to work injuries or leave taken with the

agreement of the employer, and any normal working day on which the

employee is not provided by the employer with work; together with (ii) the

sum paid to the employee for such periods. (see Appendix 2 for details)

Sickness allowance should be paid to the employee not later than the

normal pay day.


So, if she has accumulated 120 days she will only be paid four fifths of her average daily wage . Note that 120 days is not 6 months.

Wish it had been as simple as firing her :)

Finally had to compromise but she's gone.

The labour dept advised me to negotiate with her as she was correct