Statutory Holidays and Leave Entitlements Under Hong Kong Law

Hong Kong employers must grant 13 statutory holidays per year, paid annual leave of 7 to 14 days depending on service length, and statutory sick leave at four-fifths of daily wages. All entitlements are governed by the Employment Ordinance (Cap. 57), administered by the Labour Department. Non-compliance carries fines of up to HKD 50,000 per offence.

Which Employees Qualify for Statutory Entitlements?

Any employee under a continuous employment contract of 60 weeks or more qualifies for the full range of statutory leave benefits. The Employment Ordinance defines "continuous employment" under section 3 as working at least 18 hours per week for four consecutive weeks or more. Part-time workers below this threshold fall outside most statutory leave provisions.

Under section 3(1) of the Employment Ordinance (Cap. 57), an employee is deemed to be in continuous employment if they work "for the same employer for 18 hours or more per week" across four consecutive weeks.

Key eligibility distinctions:

• Statutory holidays: All employees, regardless of service length, are entitled to statutory holiday pay once they have been employed for three months.
• Annual leave: Requires continuous employment of 12 months before the first entitlement accrues.
• Statutory sick leave: Accumulates at two paid days per completed month of employment, capped at 120 days.
• Maternity leave: Requires continuous employment; 14 weeks at four-fifths of daily wages.
• Paternity leave: Requires continuous employment; five days at four-fifths of daily wages.

Non-residents, foreign domestic helpers, and cross-border commuters are covered by the same provisions. There is no residency requirement for statutory leave entitlements.

What Are the 13 Statutory Holidays in Hong Kong?

Hong Kong recognises 13 statutory holidays per year, distinct from the 17 "general holidays" (public holidays) that apply mainly to banks, schools, and government offices. Employers must grant statutory holidays; general holidays are not a statutory entitlement under the Employment Ordinance.

The statutory holiday count will increase progressively: 14 days from 2026, 15 from 2028, 16 from 2030, and 17 from 2032, per the Employment (Amendment) Ordinance 2021. The additional holidays align statutory holidays with general holidays.

Statutory Holiday Pay Rules

Employees who have worked for the same employer for three months or more are entitled to holiday pay at their daily average wage. If a statutory holiday falls on a rest day, the employer must designate an alternative day as a statutory holiday.

Ongoing Compliance Execution

Ongoing statutory obligations are handled seamlessly through Captime's dedicated Hong Kong company secretary service, providing a licensed local representative and automated annual return management.

How Much Annual Leave Must an Employer Provide?

Statutory annual leave ranges from 7 days (years 2–3 of service) to 14 days (year 9 onwards). Employers may offer more under the employment contract, but cannot provide less than the statutory minimum.

Annual leave accrues pro-rata in the first year. For employees leaving mid-year, the entitlement is calculated as:

(Days accrued per year ÷ 365) × days employed in the leave year

Annual leave pay is calculated at the daily average wage, defined under section 41A of Cap. 57 as the average of the 12 months preceding the leave, including bonuses and allowances but excluding overtime pay at the employer's discretion.

When Can Annual Leave Be Taken?

Leave must be granted within 12 months of accrual. Employers may designate leave dates after consulting the employee; if no agreement is reached, the employer may specify dates with 14 days' written notice. Untaken leave is forfeited only if the employee unreasonably refuses to take it.

What Are the Sick Leave and Sickness Allowance Rules?

Statutory sick leave accumulates at two paid days per completed month of employment, up to a maximum of 120 days. Employees must have accumulated paid sick days and provide a medical certificate from a registered medical practitioner, Chinese medicine practitioner, or dentist to claim sickness allowance.

Sickness allowance is four-fifths of the employee's daily average wage, payable from the fourth consecutive day of sickness. The first three days of any sick leave period are unpaid unless the employer offers more favourable terms.

Key conditions for sickness allowance:

• The employee has accumulated paid sick days.
• The sick leave is for four or more consecutive days.
• A valid medical certificate is provided.
• The employee has been employed for at least one month.

Under section 33(1) of the Employment Ordinance (Cap. 57), "an employee shall be entitled to sickness allowance in respect of any day of sickness if... he has accumulated paid sickness days."

Employers cannot terminate an employee during paid sick leave without liability for wrongful dismissal.

Maternity, Paternity, and Family Leave Entitlements

Maternity leave is 14 weeks at four-fifths of daily wages, while paternity leave is five days at the same rate. Both require continuous employment. The Employment (Amendment) Ordinance 2020 extended statutory maternity leave from 10 to 14 weeks.

Maternity Leave

• Duration: 14 weeks (continuous).
• Pay: Four-fifths of daily average wage, capped at HKD 80,000 per pregnancy under the Employment Ordinance.
• Eligibility: Continuous employment; medical certificate confirming pregnancy.
• Notice: Employee must notify the employer of pregnancy and intended leave dates.

Paternity Leave

• Duration: Five days per birth.
• Pay: Four-fifths of daily average wage.
• Eligibility: Continuous employment; employee must be the child's father or a person in a recognised same-sex relationship with the mother.
• Timing: Must be taken within three months of the child's birth.

Other Leave Types

• Rest days: At least one rest day every seven days under section 17 of Cap. 57.
• Statutory paternity/maternity leave cannot be replaced by annual leave.
• Compassionate leave is not statutory in Hong Kong; it is contractual only.

What Are the Penalties for Non-Compliance?

Employers who fail to grant statutory holidays, annual leave, or sick leave face fines of up to HKD 50,000 per offence under the Employment Ordinance. Wilful refusal to pay wages or leave entitlements can lead to prosecution, and directors may be personally liable.

The Labour Department enforces Cap. 57 through inspections and complaints. Employees can file claims at the Labour Tribunal for amounts up to HKD 15,000 (small claims) or higher amounts through the District Court.

Q: How many statutory holidays are there in Hong Kong in 2025? A: There are 13 statutory holidays in 2025. The count rises to 14 in 2026, 15 in 2028, 16 in 2030, and 17 in 2032 under the Employment (Amendment) Ordinance 2021.

Q: Is annual leave the same as statutory holidays? A: No. Statutory holidays are specific dates designated by law (13 per year). Annual leave is a separate entitlement of 7 to 14 days per year based on service length.

Q: Can an employer refuse annual leave? A: An employer may designate leave dates after consultation, but cannot refuse leave entirely. Untaken leave must be granted within 12 months of accrual.

Q: Do part-time workers get statutory leave? A: Only if they meet the continuous employment threshold of 18 hours per week for four consecutive weeks. Below that, entitlements are contractual.

Q: What is the maximum statutory sick leave accumulation? A: 120 paid sick days, accumulated at two days per completed month of employment.

How to Calculate and Administer Leave Entitlements

Employers should maintain accurate records of service length, wages, and leave taken. The Labour Department provides a statutory annual leave calculator and a sickness allowance calculator on its website.

1. Verify continuous employment status: Confirm the employee meets the 18-hours-per-week, four-consecutive-weeks threshold under section 3 of Cap. 57.
2. Track service length monthly: Record completed months to determine annual leave accrual and sick day accumulation.
3. Calculate daily average wage: Use the 12-month averaging method under section 41A, including bonuses and allowances.
4. Grant statutory holidays: Ensure all 13 holidays are observed; designate alternative days if holidays fall on rest days.
5. Maintain leave records: Keep records for at least 12 months after the employee leaves, as required by the Employment Ordinance.
6. Provide written notice: Give 14 days' notice for designated annual leave dates if no agreement is reached.

Suitability: Who Needs This Guide?

This guide applies to all employers with employees in Hong Kong, including SMEs, startups, and foreign-owned entities. It is essential for HR managers, company secretaries, and business owners.

It is not intended for:

• Employers with only independent contractors (who fall outside Cap. 57).
• Companies operating entirely outside Hong Kong with no local employees.
• Businesses seeking to replace statutory entitlements with contractual alternatives (which is unlawful).

If your workforce exceeds 50 employees or operates across multiple jurisdictions, consult the Labour Department's guidance or a Hong Kong employment lawyer for tailored compliance.

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