Domestic workers’ vacation rights are a crucial aspect of the employer-employee relationship. Many employers are confused about the distinctions between “statutory holidays,” “rest days,” and “paid annual leave,” as well as how to calculate them. This article summarizes the guidelines from the Labor Department to provide a detailed breakdown of the key points regarding the calculation of foreign domestic workers’ leave, helping you arrange leave in a lawful and compliant manner and foster a harmonious employer-employee relationship.
Three Types of Vacation Benefits You Should Know About
Foreign domestic workers, like local employees, are protected under the Employment Ordinance and are primarily entitled to three types of leave: rest days, statutory holidays, and paid annual leave. The nature and provisions of these three types of leave differ:
1. Days off (at least one day every 7 days)
Under the law, foreign domestic workers are entitled to at least one rest day every seven days. A rest day refers to a continuous period of at least 24 hours. Rest days are designated by the employer and can be either fixed or non-fixed.
- Fixed Days Off: Employers need only notify foreign domestic workers of their day-off schedule once.
- Non-fixed days off: Employers must notify foreign domestic workers of the schedule for days off for that month before the start of each month.
Whether rest days are paid is determined by mutual agreement between the employer and the foreign domestic worker. Employers may not force foreign domestic workers to work on their rest days. With the domestic worker’s consent, the employer may reschedule the rest day to a different date. The rescheduled rest day must be either before the originally scheduled rest day within the same month or within 30 days after the originally scheduled rest day to make up for the lost day off.
2. Statutory holidays (15 days per year, gradually increasing to 17 days)
Foreign domestic workers are entitled to statutory holidays each year, regardless of their length of service. Employers must grant foreign domestic workers time off on statutory holidays and may not substitute these days off with monetary compensation (i.e., “buying time off”). Violators may be prosecuted and, upon conviction, face a maximum fine of 50,000 Hong Kong dollars.
List of Statutory Holidays for Foreign Domestic Workers in 2026 (15 days)
Under the Employment (Amendment) Ordinance 2021, the number of statutory holidays will gradually increase. Starting in 2026, Easter Monday will be added as a statutory holiday. The following are the statutory holidays for 2026:
- January 1 (Jan. 1)
- The first day of the Lunar New Year (February 17)
- The second day of the Lunar New Year (February 18)
- The third day of the Lunar New Year (February 19)
- Qingming Festival (April 5)
- Easter Monday* (April 6)—New starting in 2026
- Labor Day (May 1)
- Buddha's Birthday (May 24)
- Dragon Boat Festival (June 19)
- Hong Kong Special Administrative Region Establishment Day (July 1)
- The day after the Mid-Autumn Festival (September 26)
- National Day (October 1)
- Double Ninth Festival (October 18)
- Winter Festival or Christmas (at the employer’s discretion): December 22 or December 25
- The first Sunday after Christmas (December 26)
Eligibility for Statutory Holiday Pay: If a foreign domestic worker has been employed under a continuous contract for at least 3 months immediately prior to a statutory holiday, the worker is entitled to holiday pay equal to the worker’s average daily wage for the 12 months preceding the holiday. Even if the employment period is less than 3 months, the domestic worker is still entitled to the holiday, though the employer is not required to pay wages for that day.
Three Ways to Handle Statutory Holidays:
- Standard Days Off: Allow foreign domestic workers to have the day off on statutory holidays.
- Substitute Days Off: If an employer requires a foreign domestic worker to work on a statutory holiday, the employer must provide the worker with at least 48 hours’ notice and arrange a substitute day off within 60 days before or after the original holiday.
- Substitute Holiday (Compensatory Time Off): If both parties agree, the employer may schedule a substitute holiday within 30 days of a statutory holiday or a designated holiday.
Special Circumstances: If a statutory holiday falls on a rest day, the employer should arrange for the foreign domestic worker to take the statutory holiday on the following day, provided that the following day is not a statutory holiday, a designated or substitute holiday, or a rest day.
3. Paid annual leave (increasing to 14 days based on length of service)
Foreign domestic workers are entitled to paid annual leave after working continuously for the same employer for 12 months. The number of annual leave days increases gradually based on length of service, starting at 7 days and rising to a maximum of 14 days:
| Length of Service | Number of Paid Annual Leave Days 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 |
Employers should discuss annual leave arrangements with their domestic workers and notify them in writing of the dates of their annual leave at least 14 days before the leave begins. If a rest day or statutory holiday falls within the annual leave period, that day shall be treated as annual leave, and the employer must designate another rest day or statutory holiday for the foreign domestic worker.
Handling of Annual Leave Upon Contract Termination: If an employer and a foreign domestic worker terminate the contract early, and the worker has served the same employer for at least 12 months, the employer must pay the worker in lieu of any unused annual leave. In addition, if a foreign domestic worker has served for at least 3 months but less than 12 months within a single annual leave year, the worker is also entitled to pro-rated annual leave pay.
Frequently Asked Questions (FAQ)
1. What is the difference between statutory holidays and public holidays (bank holidays) for foreign domestic workers?
Domestic workers’ days off are statutory holidays (labor holidays), not public holidays (bank holidays/red-letter days). In 2026, there will be a total of 15 statutory holidays and 17 public holidays. The main difference is that days such as Good Friday and Holy Saturday are not statutory holidays, so employers are not required to grant foreign domestic workers time off on those days (though employers may choose to do so). However, the number of statutory holidays is gradually increasing, with additional holidays scheduled for 2028 and 2030.
2. If a foreign domestic worker works on a statutory holiday, can an additional payment be made in lieu of time off?
No. Under the Employment Ordinance, statutory holidays cannot be “substituted with pay.” Employers must allow foreign domestic workers to take statutory holidays off or arrange for alternative holidays in accordance with the regulations. Employers may not substitute monetary compensation for granting statutory holidays to foreign domestic workers. Violations of this provision are subject to prosecution, and upon conviction, employers may be fined up to 50,000 Hong Kong dollars.
3. Are foreign domestic workers entitled to statutory holidays if they have been employed for less than 3 months?
Yes. Foreign domestic workers are entitled to statutory holidays regardless of their length of service. Employers must grant foreign domestic workers time off on statutory holidays. However, if a foreign domestic worker has been employed for less than 3 months, the employer is not required to pay wages for that holiday (Payment for statutory holidays is required only after three consecutive months of employment).
Practical Advice for Employers
- Plan vacations in advance: Inform the domestic worker of the monthly schedule of days off at the beginning of each month, and provide written notice of annual leave at least 14 days in advance.
- Keep Records of Time Off: Keep accurate records of your domestic worker’s time off and the corresponding pay to avoid future disputes.
- No “buying off” of time off: Statutory holidays must be observed as days off or made up later; they cannot be compensated with money.
- Be Aware of the Increase in Statutory Holidays: The number of statutory holidays will gradually increase; employers should pay attention to the latest announcements from the Labor Department to ensure compliance.
Properly arranging time off and keeping clear records are important steps in establishing a good employer-employee relationship. If you have any questions, please contact the Labor Relations Division of the Labor Department.
