1955年劳工法令第60F条文(病假)
谁享有有薪病假？
●1955年劳工法令第60F(1)(a)条文阐明，雇员应该由雇主正式委任的注册医生进行检查后证明无法上班或必须休息，都有权享有有薪病假。
●但此法令第60F(1)(b)条文也阐明，如果雇主没有正式委任注册医生，或病情严重，或委任的医生不能及时找到，或距离太远的情况下，雇员可以让其他注册医生或政府医生检查后证明无法上班或必须休息，也可享有有薪病假。
●雇员必须在四十八个小时之内通知雇主，否则可被视为雇员缺席。
1955年劳工法令
第60F条文. (病假)
(1)凡是雇员经过雇主付出费用去检查之后：
(a)由雇主正式委任的注册医生。或
(b)如果雇主无正式委任注册医生或，病情严重或委任的医生不能及时找到，或距离太远，让其他注册医生或政府医生检查。
有权享有有薪病假：
(aa)如果无须住院:
(i)每一历年十四日，如果雇员受雇少过两年者。
(ii)每一历年十八日，如果雇员受雇超过两年担少过五年者。
(iii)每一历年二十二日，如果雇员受雇超过五年者。
(bb)如果经注册医生或政府医生证明后，必须住院者，可以每一历年享有一共六十日。
*不过，如果注册医生或政府医务人员证明该名雇员病情严重，需要住院治疗，但某些原因而未住院，则就本条文而言，该雇员应视为已住院。
(1A)雇员在经过1971年牙科法令下的牙科注册医生证明之后也有权享受第(1)(aa)和(bb)款的有薪病假。
不过, 此类病假应包括在第(1)(aa)和(bb)款规定的天数。
(2)因病假而没有上班的雇员:
(a)未经过第(1)条款规定下的注册医生或政府医生或第(1A)条款规定下的牙科医生证明。或
(b)有经过注册医生或政府医生或牙医证明，但是没有在四十八个小时之内通知，或意图通知雇主。
*那天将被视为无雇主准许和没有充分理由之缺席。
(3)雇主必须以平日的工资率，来支付雇员病假工资。不过，月薪雇员请病假而他该月工资没有因此减少，他就算收到了病假工资。
(4)在第九章下接受产假津贴期间，或在[1952年工人赔偿法令]下接受任何伤残补偿，或在[1969年雇员社会安全法令]下接受任何临时残疾款项期间，雇员无权领取有薪病假。
以上中文翻译版仅限参考用途，若中英文版本出现差异，应以英文版本为标准。
EMPLOYMENT ACT 1955
Section 60F. Sick leave
(1) An employee shall, after examination at the expense of the employer—
(a) by a registered medical practitioner duly appointed by the employer; or
(b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer,
be entitled to paid sick leave,—
(aa) where no hospitalization is necessary,—
(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;
(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;
(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or
(bb) of sixty days in the aggregate in each calendar year if hospitalization is necessary, as may be certified by such registered medical practitioner or medical officer:
*Provided that if an employee is certified by such registered medical practitioner or medical officer to be ill enough to need to be hospitalized but is not hospitalized for any reason whatsoever, the employee shall be deemed to be hospitalized for the purposes of this section.
(1A) An employee shall also be entitled to paid sick leave under paragraphs (1)(aa) and (bb) after examination by a dental surgeon as defined in the Dental Act 1971 [Act 51]: Provided that the entitlement for such sick leave shall be inclusive of the number of days provided for under paragraphs (1)(aa) and (bb).
(2) An employee who absents himself on sick leave—
(a) which is not certified by a registered medical practitioner or a medical officer as provided under subsection (1) or a dental surgeon as provided under subsection (1A); or
(b) which is certified by such registered medical practitioner or medical officer or dental surgeon, but without informing or attempting to inform his employer of such sick leave within forty-eight hours of the commencement thereof,
*shall be deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.
(3) The employer shall pay the employee his ordinary rate of pay for every day of such sick leave, and an employee on a monthly rate of pay shall be deemed to have received his sick leave pay if he receives from his employer his monthly wages, without abatement in respect of the days on which he was on sick leave, for the month during which he was on such sick leave.
(4) No employee shall be entitled to paid sick leave for the period during which the employee is entitled to maternity allowance under Part IX, or for any period during which he is receiving any compensation for disablement under the Workmen’s Compensation Act 1952, or any periodical payments for temporary disablement under the Employees Social Security Act 1969.
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