1973-HKRS28-16-21_Part03 — Page 47

Authenticated Laws 確真本香港法例 All

Amendment DE section 11E.

Amendment of section 21.

E

*

2

"Director" means the Director of Medical and Health

Services:"

"holiday" means-

(a) a statutory holiday:

(6) an alternative holiday;

(c) a substituted holiday; or

(d) a day on which a female employee or an employee who is a young person is required by section 216(4) to be granted a holiday":

"holiday pay" means the holiday pay provided for by sec-

tion 21H;";

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"paid sickness day" means a sickness day in respect of which an employee is entitled to be paid sickness allow- ance:":

"recognized scheme of medical treatment" means a scheme of medical treatment operated by an employer and ap- proved by the Director for the purposes of this Ordin- ance under section 21B(1)};";

"sickness allowance" means the sickness allowance provided

for by section 21A;",

"sickness day" means a day on which an employee is absent from his work by reason of his being unfit therefor on account of injury or sickness;";

""statutory holiday" means a boliday specified as a holiday

in section 21G(1);

**substituted holiday" means a holiday granted under section

21G(3);":

"young person" means an employee of or over the age of

fourteen years and under the age of eighteen years.".

3. Section IE of the principal Ordinance is amended by deleting subsection (2) and substituting the following-

"(2) Rest days shall be in addition to any statutory holi- day, or alternative holiday or substituted holiday, to which an employee is entitled under section 21G".

4. Section 21 of the principal Ordinance is amended in sub- section (2) by deleting the proviso to paragraph (a) and substitul- ing the following-

"Provided that-

(i) in the case of a contract of employment under which wages are calculated on a basis of time, no

5.

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such deduction shall exceed a sum proportionate to the period of time during which the employee was absent from work;

(i) no such deduction shall be made for the purpose of defraying or partly defraying the cost of holiday pay or sickness allowance which the em ployer has paid or may be or may become liable to pay to the employee:".

The principal Ordinance is amended by adding, after Part IV, the following new Parts-

Sickness allowance.

"PART IVA

SICKNESS ALLOWANCE

214. (1) An employee who has been employed by his employer under a continuous contract for a period of three months immediately preceding a sick- ness day shall be paid by his employer sickness. allowance in accordance with this section at the rate specified in section 2!C.

(2) An entitlement to sickness allowance shall uccruc at the rate of one paid sickness day for each completed month of the employee's employment under the continuous contract with his employer and may be accumulated from time to time up to a max- imum of twenty-four paid sickness days.

(3) An employee who takes less than four con- secutive days as sickness days shall not be entitled to be paid sickness allowance in respect thereof.

(4) Subject to subsection (5), an employee who takes four or more consecutive days as sickness days shall be entitled to be paid sickness allowance for the total number of sickness days taken by him, but not exceeding the number of paid sickness days ac- cumulated by him, under subsection (2), at that time; and the number of sickness days in respect of which he has been paid sickness allowance shall be deducted from the paid sickness days accumulated by him as at the relevant time.

(5) An employer shall not be liable to pay sick- ness allowance to an employee in respect of any sick- ness day-

(a) unless such day is a day specified in the appropriate medical certificate as a day on

Addition of new parts IVA. IVB and IVC.

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