Holiday pay-
Sickness ullowance.
(28 of 1953).
6. A worker who has worked for any person on not less than one hundred and eighty days during the period of twelve months preceding a statutory holiday and on not less than twenty days during the period of (wenty-eight days preceding the statutory holiday shall, not later than fourteen days after that day or not later than the day on which the worker is next paid his wages, whichever is the later, be paid by that person the holiday pay, whether or not the worker takes a holiday on that day or on any other day.
1. (1) A worker who has worked for any person on not less than one hundred and eighty days during the period of twelve months preced ing the day on which on any occasion of sickness or injury he first absents himself from work by reason of his sickness or injury and on not less than twenty days during the period of twenty-eight days preceding that day shall, save as provided in subsection (2), be paid by that person a sickness allowance at the prescribed rate in respect of each day on which he is absent from work by reason of his being unfit therefor on account of sickness or injury.
(2) No person shall be liable to pay the sickness allowance to a worker--
(a) in respect of more than twelve days in a calendar year;
(b) where the unfitness for work of the worker is caused or
extended by his serious and wilful misconduct;
(c) where the worker is absent from work on any occasion of sickness or injury for less than seven days, in respect of the first three days on which he is absent from work:
(d) where the unfitness for work of the worker is on account of a sickness or injury in respect of which compensation is paid in accordance with the Workmen's Compensation Ordinance. 1953:
(e) in respect of any day 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 worker was, is or will be, as the case may be, unfit for work on account of sickness or injury:
(f) it, where that person is operating a scheme of medical treat- ment recognized by the Director, the worker, at any time during the sickness or injury, unless he is a patient in a Government hospital or in such a nursing home, hospital or institution as is referred to in paragraph (a) of subsection (1) of section 8. refuses, without reasonable excuse, to submit himself for treatment by the medical practitioner employed by that person for the purposes of the scheme, in respect of any day on which the worker is absent from work on account of that sickness or injury; or
(g) if, where that person is operating a scheme of medical treat- ment recognized by the Director, the worker, having submitted himself for treatment by the medical practitioner employed by that person for the purposes of the scheme or being a patient in a Government hospital or in such a nursing home, hospital or institution as is referred to in paragraph (a) of subsection (1) of section 8. at any time during the sickness or injury, without reasonable excuse, disregards, as the case may be, the advics of such medical practitioner or the advice of the medical practi- tioner by whom he is being attended in the Government hospital or in such nursing home, hospital or institution, in respect of any day thereafter on which the worker is absent from work on account of that sickness or injury.
1.
as to medical
(1) For the purposes of paragraph (e) of subsection (2) of Provisions. section 7, the expression "appropriate medical certificate" means- certificates.
(a) where, on the day on which the certificate is issued, the person from whom payment of the sickness allowance is claimed is operating a scheme of medical treatment recognized by the Director, a certificate issued by the medical practitioner employed by that person for the purposes of the scheme or. if the worker is a patient in a Government hospital or in a nursing home registered under the Nursing and Maternity (Cap. 165). Homes Registration Ordinance or in a hospital or institution to which exemption from the operation of that Ordinance has been, or is deemed to have been, granted by the Governor in Council, by the medical practitioner attending the worker in the Governotent hospital or in such aursing home. hospital or institution; and
(b) in any other case, a certificate issued by any medical practi-
tioner.
(2) Every such medical certificate sball, in addition to specifying the number of days on which, in the opinion of the medical practitioner by whom it is issued, the worker was, is or will be, as the case may be, unfit for work, specify the nature of the sickness or injury on account of which, in the opinion of the medical practitioner, the worker was, is or will be, as the case may be, unfit for work.
(3) Without prejudice to the discretion of the Director with respect to the recognition of any such scheme, no scheme of medical treatment shall be recognized by the Director for the purposes of this Ordinance unless he is satisfied that-
(a) cach worker who is qualified to be paid the sickness allowance by the person by whom the scheme is operated is provided by a medical practitioner with such ordinary medical treatment as an outpatient as the Director considers reasonable; and