But Labour Department officials played down the issue
at a bill committee meeting Wednesday, saying that both
professions should be treated the same.
Currently, only doctors trained in Western medicine can
issue sick-leave certificates to employers to claim
entitlements.
Liberal Party legislator James Tien said he feared more
labor disputes would arise because of the different nature
of Chinese and Western medicine.
He said, for example, a Western doctor might give one
day's sick leave to a worker for a flu while a Chinese
doctor might give four or five days for the same illness.
He said this type of incident may cause labor disputes
when a worker sought Chinese medicine while his employer
preferred Western treatments.
Assistant commissioner for Labor Jennie Chan said
guidelines were given to Chinese doctors in 2003 on how to
issue sick leave for minor illness.
She said Chinese-medicine practitioners who issued
misleading statements would face disciplinary proceedings
by the Chinese Medicine Practitioners Board.
Trade unionist and Labor functional constituency
legislator Li Fung-ying said she worried about disputes
arising between practitioners from the two schools of
medicine.
She said, for example, that a worker might submit a
medical certificate from a Chinese-medicine practitioner
citing his unfitness for a certain type of work, while his
employer might hire a Western-medicine practitioner in an
attempt to ``overturn'' the earlier conclusion.
Under the existing laws, a pregnant woman can ask a
doctor for a medical certificate to avoid heavy, hazardous
or harmful work.
An employee can also demand long-service payment if he
can prove he has been permanently unfit for a particular
type of work.
Employers, at their own expense, can seek second
opinions on such claims from other doctors.
The proposed bill extends the same principle to
Chinese-medicine practitioners. But it does not stipulate
what type of medical practitioner the employer can hire to
obtain the second opinion.
Chan said, however, the government has consulted
employers' groups, which hope for the discretion to be
able to obtain second opinions.
She said, for example, if a worker made a claim based
on a report by a Chinese-medicine practitioner, the
employer would likely hire another Chinese-medicine
practitioner for a second opinion if required.
She said either the worker or the employer could seek
Labor Department arbitration if they failed to agree on
the different medical opinions, but added this was rare.