DESK REVIEWS | 09.01.04. Paid or unpaid leave

DESK REVIEW | 09.01.04. Paid or unpaid leave

No protection mechanisms regarding this matter exist.

People with dementia are under the protection of Employment Ordinance (Cap 57) like the others to enjoy the rest days, holidays with paid leave including sick leave and annual leave (Department of Justice, 2019a). Although there is no stipulation on unpaid leave under the Employment Ordinance (Cap 57), employees can discuss with their employers to take unpaid leave due to illness. No special arrangement for dementia or other illness on the leave arrangement is found.

For carers of people with dementia, there is no legal obligation for employers to offer special leave arrangements due to illness of family members or other family reasons. In most cases, carers must apply for annual leave (i.e., paid leave) if they have to accompany the person with dementia or to handle other urgent family matters. If carers have used up their entitled annual leaves, they may need to apply for unpaid leave after discussing with their employers. Some enterprises in Hong Kong offer paid personal, caretaking and/or compassionate leaves to their employees. Yet, there is no statistics about the prevalence of such leave arrangement and its coverage.

References:

Department of Justice. (2019a). Cap. 57 Employment Ordinance. Hong Kong: Department of Justice, HKSAR Retrieved from https://www.elegislation.gov.hk/hk/cap57.

No specific to dementia.

According to the Employment Act, an employee is entitled to sick leave of no more than seven days with full pay and thereafter to sick leave of seven days with half pay, in each period of twelve consecutive months of service if the employee has been in service for at least two consecutive months with his employer. The employee is required to present a certificate of incapacity to work that has been signed by a duly qualified medical practitioner or a person acting on the practitioner’s behalf in charge of a dispensary or medical aid centre (Republic of Kenya, 2012). This applies to all employed persons with or without a disability.

References:

Republic of Kenya. (2012). Employment Act: Chapter 226. The National Council for Law Reporting with the Authority of the Attorney-General. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EmploymentAct_Cap226-No11of2007_01.pdf

Mexican labour legislation does not include care leave as a benefit, no programs are in place.

Paid leave is a temporary condition of service as long as the person is employed. Once the person is living with dementia, his/her capacity deteriorates and is no longer employed, the need for long term care/absence from work is not supported under the employment conditions. The organisation’s policy on special leave arrangements will apply while still employed, whereas for extended periods of absence beyond policy prescriptions or permanent absence (e.g., resignation or termination of employment), the Employment Equity Act’s (no.55 of 1998) Code of good practice on employment of people with disabilities will apply (Government Gazette, 1998). Medical boarding is a further option as a way for the person to retire.

References:

Employment Equity Act No.55 of 1998.pdf, 1 (1998).

Government Gazette. (1998). EMPLOYMENT EQUITY ACT 55 OF 1998: Code of good practice on the employment of people with disabilities. https://gestaltconsult.com/wp-content/uploads/2017/02/Employment-Equity-Act-People-with-Disabilities.pdf