【Employer FAQ】Rest Days, Holidays and Leave
1. What kinds of leave are foreign domestic helpers entitled to under the Employment Ordinance?
Under the Employment Ordinance, foreign domestic helpers are entitled to the following leaves : Rest days; Statutory holidays; and Paid annual leave. If both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a paid/unpaid vacation of not less than 7 days according to the standard employment contract (unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration). Leave and payment records should be kept properly to avoid future disputes.
2. How should I appoint rest day to my helper?
You should provide your helper with not less than 1 rest day in every period of 7 days. A rest day is a continuous period of not less than 24 hours. Rest days shall be appointed by you and may be granted on a regular or an irregular basis. Unless the rest days are on a regular basis, you should notify the helper his/her appointed rest days before the beginning of each month.
3. Can I require my helper to work on his/her rest days?
No. Except in unforeseen emergency, you shall not require your helper to work 4 Rest Days, Holidays and Leave 14 on his/her rest days. An employer who compels the helper to work on rest days is in breach of the Employment Ordinance and is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000. You may however, with the consent of your helper, substitute some other day for the appointed rest day. The substituted rest day shall be granted within the same month before the original rest day or within 30 days after it.
4. Can I ask my helper to perform duties after he/she returns home on his/ her rest days?
You should not compel your helper to perform duties on his/her rest days. However, he/she may work voluntarily on his/her rest days.
5. How long should a helper work before he/she can enjoy the statutory holidays in a year?
A All foreign domestic helpers, irrespective of their length of services, are entitled to the following statutory holidays: 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, being the first day of May The Birthday of the Buddha (newly added from 2022) Tuen Ng Festival Hong Kong Special Administrative Region Establishment Day, being the first day of July The day following the Chinese Mid-Autumn Festival National Day, being the first day of October Chung Yeung Festival 15 Chinese Winter Solstice Festival or Christmas Day (at the option of the employer) The first weekday after Christmas Day (newly added from 2024) The additional statutory holidays from 2026 and thereafter are tabulated as follows:
Year Newly added statutory holiday. Total number of statutory holidays
Starting from 2026. Easter Monday 15
Starting from 2028 Good Friday 16
Starting from 2030. The day following Good Friday 17
If the helper has been employed continuously by the employer for not less than 3 months immediately preceding a statutory holiday, he/she is entitled to the holiday pay.
6. Can I require my helper to work on statutory holidays?
Yes, but you have to give him/her: not less than 48 hours’ prior notice; and an alternative holiday within 60 days before or after the statutory holiday.
7. Can I ask my helper to forfeit a statutory holiday in exchange for extra wages with his/her consent?
No. You must not make any form of payment to your helper in lieu of granting a statutory holiday. An employer who without reasonable excuse contravenes this provision is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000.
8. If a statutory holiday falls on my helper’s rest day, is it obligatory for me to grant him/her another holiday?
Yes. If the statutory holiday falls on a rest day, a holiday should be granted on the next day which is not a statutory holiday or an alternative/substituted holiday or a rest day.
9. How many days of annual leave should be given to a helper in a year?
A helper is entitled to paid annual leave after having been employed for every 12 months with the same employer. The helper’s entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to the length of service as follows:
Years of service Number of days of paid annual leave in a year
1 7
2 7
3 8
4 9
5 10
6 11
7 12
8 13
9 or above 14
For example, a helper is entitled to 9 days of annual leave after he/she has completed the 4th year’s service during the 2nd 2-year contract with his/her employer.
10. Who determines the timing of annual leave taken by a helper?
A helper shall take the paid annual leave to which he/she is entitled within the following period of 12 months at a time appointed by the employer after consultation with the helper, confirmed by a written notice to the helper at least 14 days in advance
11.Should annual leave include rest days and statutory holidays?
No. Any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave. Another rest day or holiday must be appointed.
12. Under what conditions should vacation leave be granted in addition to annual leave?
If the employer and the helper agree to renew the contract, the helper should be granted a vacation leave of not less than 7 days for returning to his/her place of origin before the new contract commences according to Clause 13 of the standard employment contract. However, whether this vacation leave shall be paid or unpaid would depend on the term agreed in the contract.
13. Can an employer compel his/her helper to take no pay leave when the employer is going abroad?
The arrangement of taking no pay leave shall be of mutual consent to both parties. The employer shall not unilaterally impose such leave on his/her helper
14. How should I grant annual leave to my helper on completion or termination of employment contract?
When the employment contract is terminated, your helper should be given payment in lieu of any annual leave not yet taken in respect of every 12 months’ completed service. For 3 but less than 12 months’ employment in a leave year (i.e. a period of every 12 months after the commencement of employment), your helper is entitled to pro rata annual leave pay if the employment contract is terminated other than for the reason of summary dismissal due to his/her serious misconduct. For example: If your helper resigned or was dismissed after serving 18 months of employment and he/she had not yet taken any annual leave, he/she should be given payment in lieu of annual leave for the first 12 completed months of employment (i.e. 7 days), plus the pro rata sum in lieu of annual leave pay calculated for the remaining period of employment (i.e. 7 days + 3.5 days = 10.5 days). However, if your helper is summarily dismissed due to his/her serious misconduct after serving 18 months, he/she would only be entitled to payment in lieu of annual leave for his/her first 12 months of employment, i.e. 7 days.
Source: Practical Guide For Employment Of Foreign Domestic Helpers
