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With effect from Friday (December 1), an employee who produces a medical certificate issued by a registered Chinese medicine practitioner (CMP) will be entitled to specified statutory benefits under the Employment Ordinance, provided that all other eligibility criteria are fulfilled.
The statutory benefits cover sickness allowance, maternity protection and long service payment.
The relevant provisions in the Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 (abbreviated as Amendment Ordinance) in relation to the Employment Ordinance will come into effect on Friday. The provisions aim to recognise CMPs for the purpose of employees' entitlement to benefits under the Employment Ordinance.
A spokesman for the Labour Department said: "The department reviews Hong Kong's labour legislation from time to time in line with the territory's socio-economic developments. The Amendment Ordinance marked one of the initiatives introduced in recent years to meet public expectations and strengthen employees' protection."
The department also urged employers to follow the new provisions so that their employees who seek treatment with registered CMPs and fulfil the requirements of the Employment Ordinance may enjoy the statutory benefits.
"Starting from Friday, an employee who produces a medical certificate issued by a registered CMP will be entitled to sickness allowance, provided that all other eligibility criteria under the Employment Ordinance are fulfilled," he said.
"Regarding maternity protection, medical certificates that are issued by registered CMPs will be recognised in accordance with the Amendment Ordinance. These include certification pertaining to confirmation of pregnancy and the expected date of confinement; an additional period of maternity leave required on the grounds of illness or disability due to pregnancy or confinement; and unfitness to handle heavy, hazardous or harmful work. With such certification, pregnant employees will be eligible for maternity protection under the Employment Ordinance.
"On long-service payment, registered CMPs, like registered medical practitioners, may issue a specified certificate under the Employment Ordinance to certify an employee as being permanently unfit for his present job. After submission of the relevant specified certificate, the employee may terminate his employment contract and will be entitled to long-service payment upon fulfilling other eligibility criteria under the Employment Ordinance," he continued.
The above provisions of the Amendment Ordinance will apply only to medical certificates issued by CMPs under the Employment Ordinance from December 1 this year. As for certificates that involve sick days, a period of maternity leave or incapacity to work occurring before the effective date of the Amendment Ordinance, the provisions will not apply to that period.
As stipulated in the Amendment Ordinance, a registered Chinese medicine practitioner refers to a person who is registered under the Chinese Medicine Ordinance and whose name appears on the Register of Chinese Medicine Practitioners.
Details of the Amendment Ordinance are available at the Labour Department's website at www.labour.gov.hk. Enquiries can be made to the department's hotline, 2717 1771. A list of registered CMPs has been uploaded onto the webpage of the Chinese Medicine Council of Hong Kong at www.cmchk.org.hk for public viewing.
Ends/Wednesday, November 29, 2006
Issued at HKT 15:02
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