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打工仔聽到兩件事情就最開心，一件是加工資，另一件就是可以放假。這一節「長者法網智多聲」，就為大家說一下打工仔的假期。
《僱傭條例》規定，簽了連續性合約的僱員，有權每七天就可以放一天假，就是大家平常說的例假，亦即休息日。多數人的休息日都在星期日，但也可以是星期一至六的，放哪一天由老闆指定，亦可以不定期放假。如果休息日剛巧是法定假期，就應該要在法定假期之後一天補放休息日。要記住了，除非出現緊急情況，否則老闆不可以強迫員工在休息日上班，如果員工自願在休息日上班，老闆就當然要補假了。老闆如果不准僱員在休息日放假、或強迫他們在休息日工作，會被檢控。一經定罪，可被罰款五萬元。
至於法定假期，就是大家所講的公眾假期，好像是新年、聖誕、清明、重陽和回歸紀念日等等。假如僱員要在法定假期上班，僱主就要在假期前後的 60天之內補假，還要預早通知，不可以付錢要員工在法定假期上班。如果僱主不准員工在法定假期放假而又沒有補假，就是犯法，最高可以被罰款五萬元。
打工仔還有權放有薪年假和病假。一般來說，受聘於連續性合約的打工仔，做滿12個月之後，就有權放有薪年假，年假會根據年資計算，一般有7至14天。至於有薪病假，受聘於連續性合約的話，頭一年的，每個月應該可以累積兩天有薪病假，之後每個月就有4天，有薪病假最多可以累積120天。如果員工連續請超過四天病假、可以出示醫生紙、以及累積足夠日數的有薪病假日，他們就可以享有疾病津貼，通常是相等於員工當時人工的八成。除非員工犯了嚴重失當行為要被即時解僱，否則僱主不可以在員工放有薪病假期間解僱他。僱主如果不准員工放年假、或在放年假期間不支薪、不准員工領取疾病津貼、又或是員工請病假期間無理解僱他，都是犯法，最高可被判罰款五萬至十萬元。
有關員工假期就講到這裡，我們會在其他「長者法網智多聲」的錄音，為大家介紹更多與僱傭關係有關的法律資訊，記得留意了。拜拜。
PrintSick leave and sickness allowance
Employees can accumulate paid sickness days after having been employed under continuous contracts. Paid sickness days are accumulated at the rate of two paid sickness days for each completed month of employment during the first 12 months of employment, 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.
A sickness day is a day on which an employee is absent from work by reason of being unfit due to injury or sickness. A paid sickness day is a sickness day on which an employee is entitled to be paid sickness allowance.
Sickness allowance is a sum equivalent to four-fifths of the normal wages that employees would have earned if they had worked.
In general, employees are entitled to sickness allowance if:
- the sick leave taken is not less than four consecutive days (unless for any day off taken by a female employee for pregnancy check-ups, post confinement medical treatment or miscarriage);
- the sick leave is supported by an appropriate medical certificate; and
- they have accumulated sufficient number of paid sickness days. (Note: Paid sickness days can be accumulated up to a maximum of 120 days. It is accumulated at the rate of 2 paid sickness days for each completed month of employment under a continuous contract during the first 12 months of employment, and 4 paid sickness days per month thereafter.)
Employees are NOT be entitled to sickness allowance under the following circumstances:
- the employee, without reasonable excuse, refuses treatment by a company doctor of a medical scheme that is recognised by the Director of Health or disregards the advice of that doctor;
- the sickness day falls on a statutory holiday on which the employee is entitled to holiday pay; or
- compensation is payable under the Employees’ Compensation Ordinance.
Employers who fail to pay sickness allowance to employees are liable to prosecution and, upon conviction, to a fine of $50,000.
Employers are prohibited from terminating contracts of employment of employees during paid sickness leave, except in cases of summary dismissal due to serious misconduct.
Employers who contravene the above provision are liable to prosecution and, upon conviction, to a fine of $100,000. Employers are also required to pay the following sum of money to dismissed employees within seven days after the day of termination:
- wages in lieu of notice;
- a further sum equivalent to seven days’ wages; and
- any sickness allowance to which the employee is entitled.