Managing employee leave entitlements in Hong Kong requires a clear understanding of the regulations set forth by the Employment Ordinance. These provisions ensure that employees receive statutory benefits related to vacation, holidays, sick leave, and parental leave, providing a baseline for fair treatment in the workplace. Employers must adhere to these minimum standards, although they are free to offer more generous terms in employment contracts.
Navigating the specifics of these entitlements, including eligibility criteria, calculation methods, and payment requirements, is crucial for compliance. This guide outlines the key aspects of statutory leave in Hong Kong, providing essential information for employers operating in the region.
Annual Vacation Leave
Employees in Hong Kong are entitled to paid annual leave after completing 12 months of continuous service with the same employer. The minimum number of paid annual leave days increases with the length of service.
| Length of Service | Minimum Annual Leave Entitlement |
|---|---|
| 1 year | 7 days |
| 2 years | 7 days |
| 3 years | 8 days |
| 4 years | 9 days |
| 5 years | 10 days |
| 6 years | 11 days |
| 7 years | 12 days |
| 8 years | 13 days |
| 9 years or more | 14 days |
Annual leave should be granted within the 12 months following the entitlement period. Leave days can be taken consecutively or split, depending on agreement between the employer and employee. For entitlements of 10 days or more, at least 7 consecutive days must be granted if requested by the employee. Payment for annual leave is calculated based on the employee's average daily wages earned in the 12 months preceding the leave period.
Public Holidays
Hong Kong observes two types of public holidays: statutory holidays and general holidays. Employers are legally required to grant employees statutory holidays. General holidays include all statutory holidays plus additional days. While employers are not legally required to grant general holidays beyond the statutory ones, many companies observe all general holidays.
There are 12 statutory holidays per year. In 2025, these are expected to be:
- The first day of January
- Lunar New Year's Day
- The second day of Lunar New Year
- The third day of Lunar New Year
- Ching Ming Festival
- Labour Day (May 1)
- The Birthday of the Buddha
- Tuen Ng Festival
- Hong Kong Special Administrative Region Establishment Day (July 1)
- The day following the Chinese Mid-Autumn Festival
- National Day (October 1)
- Chung Yeung Festival
- Winter Solstice Festival or Christmas Day (at the employer's option)
If a statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day. All employees are entitled to statutory holidays regardless of their length of service.
Sick Leave Policies and Pay
Employees are entitled to paid sick leave under the Employment Ordinance. Sick leave can be accumulated up to a maximum of 120 days. It is accumulated at a rate of:
- 2 paid sick days for each completed month of service during the first 12 months.
- 4 paid sick days for each completed month of service thereafter.
Paid sick leave can be taken only if it is accumulated and if the absence is supported by an appropriate medical certificate. Paid sick leave is divided into two categories:
- Category 1: Accumulated up to 36 days. Payment is at four-fifths of the employee's average daily wages.
- Category 2: Accumulated beyond 36 days, up to a maximum of 120 days. Payment is also at four-fifths of the employee's average daily wages.
To be eligible for paid sick leave, the sick leave must be for a period of not less than four consecutive days (unless it is the first two days of sick leave taken by a female employee due to her pregnancy-related medical examination, rest, or hospitalization) and supported by a medical certificate.
Parental Leave
Hong Kong law provides entitlements for maternity, paternity, and adoption leave.
Maternity Leave
Female employees are entitled to 14 weeks of paid maternity leave if they have been employed under a continuous contract for not less than 40 weeks immediately before the commencement of maternity leave. Maternity leave pay is calculated at four-fifths of the employee's average daily wages. The leave can commence between 2 to 4 weeks before the expected date of confinement, or on the date of confinement if it occurs earlier.
Paternity Leave
Male employees are entitled to 5 days of paid paternity leave for the birth of their child if they have been employed under a continuous contract and have given the required notice to the employer. Paternity leave pay is calculated at four-fifths of the employee's average daily wages. The leave can be taken at any time from 4 weeks before the expected date of birth up to 14 weeks after the actual date of birth.
Adoption Leave
Employees who adopt a child are entitled to adoption leave. If the employee is the sole adopter or one of the joint adopters, they are entitled to 5 days of paternity leave. If the employee is a female adopter and meets the eligibility criteria for maternity leave (continuous contract for not less than 40 weeks), she is entitled to 14 weeks of adoption leave, commencing from the date the child is placed in her care. Adoption leave pay is calculated at four-fifths of the employee's average daily wages.
Other Types of Leave
Beyond the statutory entitlements, other types of leave such as bereavement leave, study leave, or sabbatical leave are generally not mandated by the Employment Ordinance. Entitlements for these types of leave are typically governed by the individual employment contract, company policy, or collective agreements. Employers may choose to offer these benefits as part of their overall compensation and benefits package.
