50
CAP. 57]
Employment
[1988 Ed.
(a) subject to subsection (5A), unless such day is a day specified in the appropriate medical certificate as a day on which, in the opinion of the medical practitioner by whom the certificate is issued, the employee was, is or will be, as the case may be, unfit for work on account of sickness or injury; (Amended, 57 of 1983, s. 5)
(b) if, where the employer is operating a recognized scheme of medical treatment, the employee, at any time during the sickness or injury, unless he is a patient in a hospital, refuses without reasonable excuse to submit himself for treatment by the medical practitioner employed by the employer for the purposes of the scheme; (Amended, 57 of 1983, s. 5)
(c) if, where the employer is operating a recognized scheme of medical treatment, the employee, having submitted himself for treatment by the medical practitioner employed by the employer for the purposes of the scheme or being a patient in a hospital, at any time during the sickness or injury, without reasonable excuse, disregards the advice of such medical practitioner or the advice of the medical practitioner by whom he is being attended in the hospital; (Amended, 57 of 1983, s. 5)
(d) if the unfitness for work of the employee is caused by his serious and wilful misconduct;
(e) if the unfitness for work of the employee is on account of an injury or occupational disease in respect of which compensation is payable in accordance with the Employees' Compensation Ordinance (Cap.282);
(f) in respect of which the employee has received holiday pay.
(5A) Where an employee takes paid sickness days entered in category 2 of the record kept in respect of him under section 37(1A), he shall, if so required by his employer, produce to the employer, in respect of each such sickness day, a medical certificate that is issued by a medical practitioner attending the employee as an out-patient or in-patient in a hospital. (Added, 57 of 1983, s. 5)
(6) For the purposes of this section--
(a) the expression "hospital" means a hospital or specialist clinic maintained by the Crown or a hospital in respect of which a person is registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap.165);
(b) in subsection (5)(a), the expression "appropriate medical certificate" means-
(i) where, on the day on which the certificate is issued, the employer is operating a recognized scheme of medical treatment, a certificate issued by the medical practitioner employed by the employer for the purposes of the scheme;
(ii) where, on the day on which the certificate is issued, the employee is a patient in a hospital, a certificate issued by the medical practitioner attending the employee in the hospital;
(iii) in any other cases, a certificate issued by any medical practitioner. (Replaced, 57 of 1983, s. 5)