Employment and labour laws in Hong Kong, including leave policies, are primarily governed by The Employment Ordinance. This ordinance establishes essential employment principles such as wage payments, wage deduction restrictions, guaranteed holidays, and working hours. It also addresses other significant aspects of the employee-employer relationship to ensure fair working conditions.
Employees in Hong Kong are entitled to 7-14 days of annual leave after completing 12 months of service. Employers, with 14 days' notice, determine the timing of this leave. The annual leave policy in Hong Kong is based on the length of service:
1-3 years: 7 days of leave
3-4 years: 8 days of leave
4-5 years: 9 days of leave
5-6 years: 10 days of leave
6-7 years: 11 days of leave
7-8 years: 12 days of leave
8-9 years: 13 days of leave
Over 9 years: 14 days of leave
Employers must provide paid annual leave within 12 months of the end of the leave year. Typically, workers can take leave as it accrues. Employers may align the "leave year" with the employee's start date or a common period, such as calendar or fiscal years.
Annual leave is generally taken in one continuous period. However, if requested, it can be divided into two parts:
Leave entitlements up to 10 days may be taken over three separate days.
Leave entitlements exceeding 10 days require at least seven consecutive days.
The rate of annual leave pay equals the average daily wages earned over the 12 months preceding the leave. For employees who have worked less than 12 months, the calculation is based on the shorter period. Certain unpaid periods must be excluded from the daily wage calculation, such as rest days, statutory holidays, annual leave, and sick days. Employees should receive holiday pay on their usual payday following any period of annual leave.
Public Holidays in Hong Kong
Employees in Hong Kong are entitled to 13 statutory holidays, which include:
New Year's Day
Lunar New Year and the following two days (three days total)
Ching Ming Festival
Labour Day
Tuen Ng Festival (Dragon Boat Festival)
HKSAR (Hong Kong Special Administrative Region) Establishment Day
The day after the Chinese Mid-Autumn Festival
Chung Yeung Festival
National Day
Either Chinese Winter Solstice or Christmas, at the employer's discretion
The Birthday of Buddha, which falls on the eighth day of the fourth month of the lunar calendar
In addition, there are five extra general holidays not mandated by the government:
Good Friday and the day following (two days total)
Easter Monday
Christmas Day and the weekday after (two days total)
All banks, educational institutions, public offices, and government departments must observe these holidays, although they are unpaid.
Types of Leave Policies in Hong Kong
Here are the various types of leave entitlements for workers in Hong Kong, aside from annual leave:
Sick Leave
Employees in Hong Kong earn two paid sick leave credits per month during their first year of employment and four credits per month thereafter. Sick leave can accumulate up to a maximum of 120 days.
Employees with a continuous contract are eligible for a sickness allowance if they have taken at least four consecutive days of sick leave (including absences related to pregnancy). To qualify, they must have accrued the necessary paid sick days and may need to provide supporting evidence, such as a medical certificate.
Sick leave is divided into two categories:
Category 1: The first 36 days. Employees must provide a medical certificate.
Category 2: The remaining days. Employers may require additional documentation, including records of investigations and treatments.
Maternity Leave
Female employees who have been continuously employed for at least four weeks and work over 18 hours per week are entitled to 14 weeks of paid maternity leave. If the delivery occurs after the expected date, additional days equal to the delay are allowed. Employees may also access up to 4 extra weeks if they experience pregnancy or delivery-related complications.
To qualify for maternity leave pay, employees must have been on a steady contract for at least 40 weeks before the leave. The additional four weeks' pay is four-fifths of the average daily salary, capped at $80,000. Employers can apply for government reimbursement for this amount.
No extra compensation other than additional leave days is provided in lieu of maternity time off. The timing of the maternity leave must be agreed upon by the employer and employee, with a minimum notice of two weeks and a maximum of four weeks. Women who miscarry after 24 weeks are also entitled to maternity benefits if they meet other criteria.
Breastfeeding Break Leave
Starting from June 12, 2021, breastfeeding women are protected from discrimination under the Sex Discrimination Ordinance (SDO). Employers must:
Provide regular lactation breaks (a minimum of two 30-minute intervals during an eight-hour shift) for at least one year after childbirth, with flexible scheduling thereafter.
Create a private space with necessary amenities, including a suitable chair, table, and electric socket for breast milk pumps.
Ensure a nearby refrigerator for storing milk.
Paternity Leave
New fathers employed under a continuous contract for at least four weeks and working at least 18 hours per week can take five days of paid paternity leave. This leave can be taken in one block or on separate occasions between four weeks before the expected delivery date and up to 14 weeks after delivery.
Fathers are eligible for paternity leave pay after 40 weeks of continuous employment. To qualify, they must provide required documentation within 12 months of starting paternity leave or notify their employer of a six-month absence. The daily rate for paternity leave is four-fifths of the average daily wage earned over the preceding 12 months.
In cases of stillbirth or neonatal death, employees must provide a written statement and medical certificate as proof of paternity and the circumstances surrounding the birth or death.
Adoption Leave
Hong Kong does not have statutory guidelines for adoption leave. As a result, adoption leave policies are determined through agreements between employers and employees.
Additional Special Leave Policy
Employees in Hong Kong can access the following paid special leave:
Marriage Leave: Typically, three days for the first marriage.
Bereavement or Compassionate Leave: Three days.
Education Leave: Two paid days off per exam at secondary or tertiary institutions, with a maximum of 10 days annually.
There are no statutory provisions for jury duty or voting leave in Hong Kong.
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