Time for

Rickness allowance.

6

daily wages of an employee vary from day to day, the sickness allowance shall be a sum equivalent to one half of the average daily wages earned by the em- ployee on the days on which he worked during the period of twenty-eight days preceding the first sick- ness day on that occasion.

21D. (1) Except in the case of an employee who payment of is normally paid his wages daily, sickness allowance shall be paid to the employee or his duly appointed agent in the manner and at the place specified in sec- tion 16 not later than the day on which the employee is next paid his wages.

Employer to keep record of sickness days,

(2) In the case of an employee who is normally paid his wages daily, sickness allowance shall be paid to him or his duly appointed agent in the manner and at the place specified in section 16 at least once in every seven days.

2IE. (1) An employer shall maintain in the specified form in accordance with this section, a re- cord which shall contain particulars of the catitle- ment to sickness allowance and sickness days of every employee employed by the employer.

(2) If an employer maintains a record under subsection (1)

(a) an employee who returns to work after a sickness day shall, as soon as is practicable but not later than seven days after his return to work, sign the entry in the record specify- ing the days on which he has been absent; (6) an employee shall be entitled to inspect that part of the record which relates to bim at any reasonable time during working hours and, where an employee has ceased to be em- ployed by his employer, he may inspect that part of the record which relates to him at any reasonable time during working hours in the period of two months next following the date on which he ceased to be employed.

(3) If an employer fails to maintain the record under subsection (1) in respect of any employee em- ployed by him, or if the record is lost or destroyed, the employee shall, notwithstanding any sickness allowance paid to him by his employer under section

Records to

srødet.

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21A, be entitled to one paid sickness day for each completed month of his employment in accordance with section 21A(2).

216. For the purposes of section 21E, the Com- be produced missioner may, either by notice in writing served by to Commis-

registered post or by notice in the Gazette, require any employer or class of employers to send to him all or any records of sickness days in respect of any period not exceeding two years preceding the date of the notice.

Grant of holidays.

PART IVB

HOLIDAYS WITH PAY

2IG. (1) Subject to subsections (2), (3) and (4), an employee shall be granted a holiday by his em- ployer on each of the following days--

(0) Lunar New Year's Day;

(b) the second day of Lunar New Year;

(c) Ching Ming (#9) Festival;

(d) Tuen Ng (44. Dragon Boat) Festival;

(e) the day following the Chinese Mid-Autumn

(PB) Festival; and

(f) the first day of January,

(2) An employer may, instead of granting an employee a holiday on a statutory holiday, grant the employee a holiday on another day (which is not a statutory holiday or a substituted holiday) within the period of sixty days immediately preceding or next following the statutory holiday, if the employer has notified the employee, either orally or in writing or by notice posted in a conspicuous place in the place of employment, of the day on which he will be grant- ed the holiday-

(a) where the holiday is to be taken on a day within the period of sixty days immediately preceding the statutory holiday, not less than forty-eight hours before that day; or

(b) where the holiday is to be taken on a day within the period of sixty days next follow- ing the statutory holiday, not less than forty- eight hours before the statutory holiday.

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