Hong Kong Work Injury Leave and Pay Guide
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This time, let's break down these most common questions so everyone has a clear understanding of work injury leave and paid sick leave.
Workers' Biggest Fear: How to Live Without a Paycheck?
Whether you work in construction, restaurants, or offices, workplace injuries can happen. Falls, cuts, muscle strains, or even traffic accidents can require you to rest for weeks or even months.
The biggest issue is: During the rest period, will you still get paid?
- Some choose to "tough it out," going back to work even with a sick note, fearing loss of income.
- Others think, "The doctor told me to rest, but maybe I can do some light work, shouldn't be a problem, right?"
These thoughts might seem like a way to maintain your livelihood, but they could actually pose risks.
Can I Work During a Work Injury Period?
Many people's biggest question is: During work injury recovery, can I still go out and do other work?
According to Hong Kong law, if you are already taking sick leave and receiving compensation for a work injury, theoretically, this period is for rest and recovery. If you go and do other work:
- It may affect work injury compensation: The employer can question whether you are truly that severely injured and may even refuse to continue compensation.
- It could constitute a violation: If the doctor's sick leave certificate clearly states that rest is required, and you go to work, it is equivalent to ignoring the doctor's instructions.
- Legal disputes: If the employer or insurance company investigates and finds out, it could potentially affect the entire claim outcome.
In simple terms, it's not completely prohibited, but the risks are extremely high. To learn more, you can refer to this article: Can I Work During a Work Injury Period.
How is Paid Sick Leave Calculated?
In addition to work injury sick leave, Hong Kong employees have another form of protection: paid sick leave.
Many workers misunderstand "paid sick leave," thinking it's only available in large companies or that they only receive half their pay. In fact, according to the Employment Ordinance, the calculation method for paid sick leave is clearly defined:
- Employees need to accumulate sick leave days, earning two days for each month of service.
- The maximum number of paid sick leave days that can be accumulated is 120 days.
- During sick leave, employers must pay four-fifths of the normal daily wage, which is 80% of the salary.
However, the exact amount depends on your monthly salary and accumulated days. Here is a practical tool to help you calculate it instantly: Paid Sick Leave Calculator.
Work Injury Sick Leave vs General Paid Sick Leave
Both involve "whether you get paid during leave," but they are actually different in nature:
| Category | Work Injury Sick Leave | General Paid Sick Leave |
|---|---|---|
| Cause | Injury or illness caused by work | Illness or injury due to personal reasons |
| Source of Protection | Stipulated by labor laws, it is the employer's legal responsibility | Protected under the Employment Ordinance, an employee's right |
| Compensation Standard | 80% of daily wages, paid by the employer | 80% of daily wages, paid by the employer |
| Day Limit | Depends on doctor's certification, until recovery | Requires accumulation of sick leave days, with a cap of 120 days |
Common Situations for Employees
- Mr. A (Construction Worker) Suffered a work injury from a fall, doctor prescribed one month of sick leave. He wanted to rest while helping a friend with light work, but was discovered by his employer, which affected his compensation and nearly led to a fraud accusation.
- Ms. B (Office Clerk) Long-term strain led to shoulder and neck pain, doctor issued a sick leave certificate. After using the paid sick leave calculator, she found out she had 30 days of sick leave saved up, allowing her to rest assured without worrying about loss of income.
These examples remind everyone that don't sacrifice long-term security for short-term income.
What to Do After a Work Injury?
- See a doctor immediately, obtain a sick leave certificate, and keep all medical records safe.
- Notify your employer and report the work injury incident to the Labour Department.
- Do not secretly do other work during sick leave.
- If you have questions, consult a lawyer to protect your rights.
Summary
Hong Kong employees have certain legal protections when they encounter work injuries or illnesses.
- During the recovery period from a work injury, it is not advisable to take on other jobs, as this may affect compensation.
- Sick leave generally comes with pay, but it depends on accumulated days; remember to use tools to calculate how much protection you have.
Remember, understanding your rights allows you to rest assured, without worrying that lack of money will hinder your recovery.
