Workers with COVID-19 should be given medical-certificate exemption

Among the unpredictable changes in the anti-pandemic strategy, frustrations are fueled as Hong Kong residents are not only confused about testing and isolation protocols, but also how to claim sickness benefits.

The lack of a clear policy to claim sick leave upon testing positive for COVID-19 has threatened livelihoods and led to unnecessary visits to emergency rooms and clinics that are already overwhelmed by infected cases, adding further to the administrative burden of medical staff who should be spending their time providing consultation to patients.

The Department of Health (DH) has recently advised positive rapid antigen tests (RATs) be considered as confirmed cases, and they will set up an online self-reporting system for people testing RAT-positive to verify their results and subsequently provide a certification of their positive status. However, the system has so far been set up to arrange for admission into community isolation facilities, with no further details nor guarantee on how such a submission could be used to streamline the process of issuing medical certification for individuals in need of proof to apply for sick leave with employers.

As more socioeconomic needs arise with increased confirmed cases in the community, the government should step up more to safeguard working people’s social needs. COVID-19-related absences should not lead to further financial detriment for our residents

In addition, as mandatory communitywide testing is set to begin around mid-March, we will likely see a drastic increase in the number of confirmed cases, and subsequently the requests for medical certificates. Unless there is policy change on this front, more people will be flocking to hospitals and clinics solely for the purpose of obtaining a medical certificate rather than for actual medical needs.

With provision to reduce unnecessary visits to emergency rooms and clinics and administrative work of the DH, the special administrative region government should consider issuing clear guidance for employers to exempt those who tested positive, including by the means of RAT self-tests, from the requirements of obtaining a medical certificate to get paid sick leave. Concurrently, the government should also clearly stipulate the commencement date of sick-leave calculation, and be explicit that hospitalization is not a requirement for paid sick leave.

Reference can be made to Singapore, where the Ministry of Health instructed that employees with mild symptoms who complete a mandated 72-hour isolation and test negative after this period do not need to obtain a medical certificate, and they are entitled to paid sick leave for the days they are unable to work. Additionally, for those who are confirmed positive but present just mild symptoms and are well enough to work, the employee has the choice to work from home. Hong Kong would do well to have in place a sound mechanism and guidelines for employers to facilitate enforcement and implementation of a similar arrangement.

Similarly, in the United Kingdom, emergency legislation was passed in 2020 that allows employees to self-certify themselves as unable to work if the isolation period is within seven days. They are not required to provide the employer with any further evidence. Details of self-certification is worked out between the employer and the employee.

It is evident that hospitals and government clinics are struggling to handle the needs of COVID-19 patients, so policy measures must be in place to reduce the burden on these scarce medical resources. Also, as more socioeconomic needs arise with increased confirmed cases in the community, the government should step up more to safeguard working people’s social needs. COVID-19-related absences should not lead to further financial detriment for our residents. Especially for low-income individuals, a few days’ worth of paid sick leave makes a big difference.

The author is a Legislative Council member, senior vice-president of Our Hong Kong Foundation, and executive director of its Public Policy Institute.

The views do not necessarily reflect those of China Daily.