How is sick leave regulated in Hong Kong?

In Hong Kong, sick leave entitlements are governed by the Employment Ordinance (Cap. 57). The law outlines the minimum requirements for paid sick leave (sickness allowance) for employees under a continuous contract, aiming to protect both employee health and income security.


Eligibility for Paid Sick Leave

To qualify for sickness allowance, an employee must meet all of the following conditions:

  • Be employed under a continuous contract.

  • Provide valid documentation, such as:

    • A medical certificate issued by a registered medical practitioner, dentist, or Chinese medicine practitioner.

    • A certificate of attendance (for pregnancy-related medical appointments), issued by a doctor, nurse, midwife, or Chinese medicine practitioner.

    • Official proof of compliance with anti-epidemic measures, if absence is due to a government-imposed movement restriction.

  • Take sick leave for at least 4 consecutive days, unless:

    • The leave is related to pregnancy check-ups, postnatal treatment, or miscarriage, in which case individual days may qualify.

  • Have sufficient accumulated paid sick days.


Accrual of Paid Sick Leave

Sick leave is earned gradually and can be carried forward:

  • 2 days per month during the first 12 months of employment.

  • 4 days per month from the 13th month onward.

  • Employees can accumulate up to a maximum of 120 days of paid sick leave.


Sickness Allowance (Payment During Sick Leave)

Eligible employees are entitled to a sickness allowance of 80% of their average daily wages. This is calculated over the preceding 12-month period before the sick leave, excluding any periods of unpaid leave or sickness.

The specified date used for calculating wages is:

  • For a single sick day: that specific day.

  • For multiple consecutive sick days: the first day of the sickness period.

If the employee has worked for less than 12 months, the calculation is based on the actual duration of employment.


This system ensures that employees in Hong Kong are financially supported during periods of illness while promoting fair and transparent workplace practices.

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