19. Can an employer dismiss me on the basis of my chronic illness or because I need to have regular medical treatment?

It may be unlawful for an employer to dismiss you on the grounds of your chronic illness or the regular treatment for your illness. The DDO requires employers to first analysis whether an employee can perform the inherent requirements of a job.

If the illness is so serious that makes you unable to perform the inherent requirements of your job, your employer can dismiss you. However, before doing so, your employer must provide special services or facilities to help you perform the inherent requirements of your job, unless this would impose unjustifiable hardship upon your employer. For example, the employer of an employee who has renal disease should consider allowing the employee in question to work flexible hours so as to receive proper dialysis treatment, unless this arrangement would seriously hinder his/her job.

Employers and employees must also note the provisions in the Employment Ordinance with regards to granting sick leave. For details, please go to the relevant section of the Employment Disputes topic.