Leave Policy in Hong Kong

Hong Kong's leave framework is built on the Employment Ordinance, which sets statutory minimums for annual leave, sick leave, maternity leave, and public holidays. Employers must meet these minimums regardless of contract terms.

The concept of a continuous contract is the gateway to most statutory entitlements. An employee working at least 18 hours per week for four consecutive weeks qualifies. From 18 January 2026, the threshold updates under the 417/468 rule, changing how continuous employment is calculated and expanding coverage to more workers.

Key facts for employers hiring in Hong Kong:

• Annual leave ranges from 7 to 14 days, accruing after 12 months of continuous service and increasing by one day per additional year up to year nine.
• Maternity leave is 14 weeks at four-fifths pay, with weeks 11 to 14 capped at $10,195 (HKD 80,000) and eligible for government reimbursement.
• Paternity leave is 5 days at four-fifths pay, available after 40 weeks of continuous service.
• Statutory holidays will increase from 13 to 17 days by 2030, with phased additions in 2026, 2028, and 2030.
• Paid sickness allowance requires a minimum of four consecutive sick days and a valid medical certificate.

Compliance requires tracking multiple ordinances, a phased holiday expansion schedule, and the 2026 threshold change. Employers operating without a local entity can manage these obligations through Gloroots' Global Employer of Record (EOR), which provides local execution with centralized governance.

Leave Policy at a Glance

Overview and Legal Basis for Leave in Hong Kong

Hong Kong's leave framework rests primarily on the Employment Ordinance (Cap. 57), which sets statutory minimums that every employer must meet. Secondary statutes fill specific gaps: the Employees' Compensation Ordinance (Cap. 282) governs work injury leave, while the Employment (Amendment) Ordinance 2020 extended paid maternity leave from 10 to 14 weeks.

The Employment (Amendment) Ordinance 2021 began a phased expansion of statutory holidays from 13 to 17 days by 2030. Most recently, the Employment (Amendment) Ordinance 2025 introduced the 417/468 continuous-contract rule, effective 18 January 2026, replacing the previous 18-hours-per-week threshold.

Statutory minimums cover the leave types listed below. Adoption leave, marriage leave, and bereavement leave fall outside the Ordinance and depend entirely on individual employment contracts or employer policy. Employers using an how does EOR work model must track both layers to stay compliant.

• Annual leave
• Statutory holidays
• Paid sick leave
• Maternity leave
• Paternity leave
• Rest days
• Jury duty leave
• Work injury leave

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Annual Leave (Earned / Privilege Leave)

Employees qualify for statutory annual leave once they hold a continuous contract under the Employment Ordinance. From 18 January 2026, the Employment (Amendment) Ordinance 2025 replaces the old 18-hours-per-week test with a 417/468 rule: a contract is continuous if the employee works 417 hours or more in any 26-week rolling period out of 468 possible hours.

Annual leave entitlement scales with length of service, starting at 7 days and rising by one day per year up to a maximum of 14 days after nine years. The employer sets the timing after consulting the employee, must give at least 14 days' written notice before leave begins, and must grant the leave within 12 months following the entitlement year.

Splitting rules apply based on total entitlement. For entitlements of 10 days or fewer, up to 3 days may be taken separately and the remainder must be consecutive. For entitlements above 10 days, at least 7 days must be taken consecutively.

Employers cannot contractually waive annual leave. Employees may elect to receive payment in lieu only for the portion of leave exceeding 10 days. Annual leave pay is calculated on average daily wages over the preceding 12 months, excluding rest days, statutory holidays, sick days, maternity and paternity leave days, and any days the employer did not provide work.

Employees who complete at least 3 months but fewer than 12 months in a leave year are entitled to pro-rata annual leave pay on termination, except in cases of summary dismissal. That payment must be made within 7 days of the termination date. Employers cannot require employees to use accrued annual leave to shorten a notice period unless the employment contract explicitly permits it. For a comparison with a neighboring jurisdiction, see the leave policy in China.

Public Holidays

Hong Kong operates two parallel holiday frameworks: general holidays and statutory holidays. Statutory holidays are the minimum entitlement under the Employment Ordinance, and their count is rising on a fixed schedule.

Employees must complete at least 3 months of continuous employment to qualify for statutory holiday pay. Those with fewer than 3 months still receive the day off but receive no pay for it.

If an employer requires an employee to work on a statutory holiday, a substitute holiday must be granted within 60 days before or after that date. The employer must give at least 48 hours' advance notice of the substitute day. Monetary compensation in place of the substitute holiday is not permitted. If the statutory holiday falls on a rest day, the substitute day must not be another statutory holiday or rest day.

Statutory holiday progression

2025 statutory holidays

2026 statutory holidays

Flag for annual review: statutory holiday dates are gazetted by the Hong Kong government and should be verified each year.

Sick Leave

Hong Kong's sick leave rules under the Employment Ordinance (Section 33) set a clear threshold: sickness allowance is only payable when an employee takes at least 4 consecutive sick days. Absences shorter than 4 consecutive days carry no statutory pay obligation.

An employee must also complete at least 1 month of continuous employment before the first day of sick leave to qualify for sickness allowance. The continuous contract requirement applies throughout.

Sick days accrue at the following rates:

• 2 days per month during the first 12 months of employment
• 4 days per month after the first year
• Maximum accrual: 120 days total

The 120-day bank is split into two tiers. The first 36 accrued days are available with a valid medical certificate. The remaining days, up to a total of 84 additional days, are only accessible once the first 36 have been exhausted. Sick pay is calculated at 80% of average daily earnings from the 12 months before the first day of sickness.

If a statutory holiday falls within a sick leave period, statutory holiday pay rules apply to that day separately. The two regimes run at the same time and neither overrides the other.

From 18 January 2026, the 417/468 rule takes effect and adjusts the continuous contract eligibility threshold for sick leave. Employers should review employment contracts ahead of that date to confirm compliance. For comparison on how statutory sick pay frameworks operate in other common-law jurisdictions, see the leave policy in the UK.

Casual Leave

Hong Kong's Employment Ordinance (Cap. 57) does not define or mandate a separate casual leave category. Short-notice personal absences are handled through annual leave, rest days, or unpaid leave at the employer's discretion.

Some employers offer discretionary casual leave as a contractual benefit above the statutory floor. Any such entitlement must be set out in the employment contract or staff handbook to be enforceable.

Unpaid leave is not required by law but is a common practice for personal, study, or family reasons. Terms are set by the employment contract and are subject to managerial approval.

Maternity Leave

A pregnant employee qualifies for statutory maternity leave if she has completed at least 40 weeks of continuous service before the leave start date. She must notify her employer of the pregnancy and her intention to take leave, typically at least three months before the expected confinement date. The employer may request a medical certificate.

Leave may be taken in full or in separate parts. If the actual birth occurs later than the expected date, additional days equal to the gap are granted. Where childbirth results in disability or serious illness, up to four additional weeks may be added, bringing the maximum to 28 weeks in complicated or multiple-birth cases.

• Standard entitlement: 14 weeks of paid maternity leave
• Complicated or multiple births: up to 28 weeks total
• Miscarriage: not explicitly covered by the 14-week statutory entitlement
• Adoption: no statutory maternity leave applies

Maternity pay is calculated at four-fifths of the employee's average daily wages from the 12 months before the first day of leave. For employees with less than 12 months of service, the calculation uses the shorter period worked.

Employers can recover costs for weeks 11 to 14 through the Reimbursement of Maternity Leave Pay (RMLP) Scheme, administered via rmlps.gov.hk. Reimbursement is capped at $10,195 (HKD 80,000) per employee. For comparison, leave policy in Germany provides a different statutory framework, which can be useful context for global HR teams managing multi-country workforces.

Employers must file reimbursement claims through the RMLP Scheme for weeks 11 to 14. The $10,195 (HKD 80,000) cap applies per employee per confinement.

Paternity Leave

Male employees are entitled to 5 days of statutory paternity leave under the Employment Ordinance (Cap. 57). Eligibility requires at least 40 weeks of continuous service before the leave starts.

Leave can be taken on consecutive or separate days, within four weeks before the expected delivery date and up to 10 weeks after the child's birth.

Paternity pay is set at four-fifths of the employee's average daily wages from the 12 months before the leave start date. For employees with less than 12 months of service, the calculation uses the average wages earned from the start date.

Advance notice rules apply. If the father gives at least 3 months' notice before the expected delivery date, he may take leave immediately after notifying the employer of specific dates. If notice is shorter than 3 months, at least 5 days' advance notice of the specific dates is required.

Adoption and Surrogacy Leave

Hong Kong has no statutory adoption leave. Entitlement is set entirely by the employment contract or staff handbook, making terms variable across employers.

There is also no statutory surrogacy leave in Hong Kong. Any leave granted for surrogacy arrangements is a discretionary benefit determined by the employer.

Some employers align adoption leave with maternity or paternity leave entitlements as a matter of internal policy. Documentation requirements for adoption or surrogacy leave, such as court orders or agency letters, are defined by the employer rather than by law.

Employers hiring in Hong Kong through a Global Employer of Record (EOR) can standardize adoption and surrogacy leave terms within their employment contracts, keeping policies consistent across their workforce.

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Bereavement Leave

Bereavement leave is not a statutory entitlement under the Employment Ordinance Cap. 57. Entitlement, duration, and covered family relationships are set by the employment contract or employer policy.

The Labour Department's Family-Friendly Employment Practices (FFEP) guidelines recommend bereavement leave as good practice. Most employers grant three paid days. Covered relationships typically include a spouse, parents, children, siblings, and parents-in-law.

Other Leave Types

Several leave categories in Hong Kong sit outside the main statutory framework but carry legal or policy weight that employers must understand.

Jury duty leave is legally required. Employers must grant paid time off when an employee is summoned for jury service. The court pays a statutory allowance of $112 (HKD 875) per day. Employers cannot dock wages, require employees to use annual leave, or penalise them for attending jury service. Voting leave has no equivalent statutory requirement.

Rest days apply to employees on a continuous contract. They are entitled to at least one rest day in every seven-day period. Rest days are separate from statutory holidays. Whether a rest day is paid or unpaid depends on the employment contract.

Work injury leave operates under a separate legal regime. Employees injured at work receive paid sick leave under the Employees' Compensation Ordinance Cap. 282, which is distinct from the sickness allowance provisions in the Employment Ordinance.

Two discretionary leave types are increasingly common under FFEP guidelines:

• Birthday leave: one paid day on or around the employee's birthday
• Vaccination leave: paid time off for flu or COVID-19 doses

Neither is statutory, but both reflect growing employer practice in Hong Kong.

Carry-Forward and Leave Encashment Rules

The Employment Ordinance (Cap. 57) requires employers to grant annual leave within 12 months following the entitlement year. There is no statutory carry-forward beyond this window.

Employees may elect to cash out only the portion of annual leave that exceeds 10 days. Employers cannot contractually waive annual leave entitlements. Understanding these rules is directly relevant to employer of record cost planning, since encashment obligations affect payroll on termination.

On termination, pro-rata annual leave pay is due when an employee completes at least 3 months but fewer than 12 months in a leave year. Payment must be made within 7 days of termination. This entitlement does not apply in cases of summary dismissal.

• Sick leave: accrued days (up to 120) carry forward year to year; no encashment is permitted.
• Statutory holidays: no carry-forward or encashment; if an employee works on a statutory holiday, a substitute holiday must be granted within 60 days.
• Annual leave pay calculation excludes rest days, statutory holidays, sick days, maternity and paternity leave days, and days the employer did not provide work.

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Best Practices for Managing Leave Compliantly in Hong Kong

Compliance in Hong Kong requires active tracking of scheduled legislative changes, not just current rules. Four practices reduce risk for employers managing local headcount.

• Track statutory holiday expansion: The statutory holiday count rises from 14 to 17 days by 2030. Update employment contracts and payroll systems before each effective date, including the 18 January 2026 change to the 417/468 continuous employment rule.
• Communicate entitlements in writing: Provide employees with a written leave policy that states the continuous contract threshold, annual leave scheduling rules (14-day notice, 12-month grant window), and the 4-consecutive-day sick leave threshold.
• Maintain complete records: Keep leave requests, approvals, medical certificates, and maternity and paternity notices. The Employment Ordinance requires records to be retained for at least 7 years.
• Consider discretionary benefits: FFEP-recommended benefits such as birthday leave, vaccination leave, and adoption leave help attract and retain talent in Hong Kong's competitive labour market. Using employer of record software supports consistent tracking of both statutory and discretionary leave across your workforce.

Managing Leave Policy in Hong Kong with Gloroots

Hong Kong's leave obligations sit across multiple statutes. The Employment Ordinance (Cap. 57), the Employees' Compensation Ordinance (Cap. 282), the phased statutory holiday expansion through 2030, and the 2026 continuous employment rule change each create distinct compliance requirements for employers.

Tracking these obligations manually is error-prone. Leave balances shift with tenure, statutory holiday calendars update on a fixed schedule, and sick pay and maternity pay calculations depend on rolling 12-month wage averages.

Employers must also manage the Reimbursement of Maternity Leave Pay (RMLP) Scheme, which allows them to recover government funding for maternity leave weeks 11 through 14, subject to eligibility and filing requirements.

Gloroots handles this through its EOR services: leave balance tracking, statutory holiday calendar updates, payroll integration for sick pay and maternity pay, leave request workflows, and compliance reporting. Employers get centralized visibility without managing the underlying statutory detail directly.

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Frequently Asked Questions About Leave Policy in Hong Kong

Who is eligible for annual leave in Hong Kong?

Employees become eligible for paid annual leave after completing 12 months of continuous employment with the same employer.

The starting entitlement is 7 days per year. It increases by one day for each additional year of service, reaching a maximum of 14 days from the 9th year onward.

Are all employees entitled to statutory holiday pay?

Employees covered by the Employment Ordinance are entitled to statutory holiday pay if they have been continuously employed for at least three months before the holiday.

Pay for each statutory holiday is calculated at the employee's average daily wages from the preceding 12 months, or from the start date if service is shorter.

How many days of paternity leave does a father receive?

Male employees are entitled to 5 days of paternity leave, provided they have completed at least 40 weeks of continuous employment before the leave begins.

The leave can be taken on consecutive or separate days within the window starting four weeks before the expected delivery date and ending 10 weeks after the birth.

When does sick leave pay apply, and at what rate?

Sick pay applies from the fourth consecutive sick day onward. The first three days of any sickness absence are unpaid under the Employment Ordinance.

Sick pay is set at 80% of the employee's average daily wages from the preceding 12 months. Employees must provide a medical certificate from a licensed practitioner or registered dentist to claim it.

Can employees encash unused annual leave?

Employees cannot encash annual leave in lieu of taking it during active employment. The Employment Ordinance requires that leave actually be taken.

On termination, any accrued but untaken annual leave must be paid out at the employee's average daily wage rate, calculated over the preceding 12 months.

Can unused annual leave be carried forward to the next year?

Annual leave must generally be taken within the 12 months following the end of the leave year in which it accrued. Employers set the leave year schedule.

If an employer fails to grant leave within that period, the employee retains the right to take it. Forfeiture of accrued leave without payment is not permitted under the Ordinance.

Is an employer required to grant leave for jury duty?

There is no statutory provision in Hong Kong that requires employers to grant paid leave for jury duty. The Employment Ordinance does not address jury service directly.

In practice, many employers grant paid or unpaid leave for jury duty as a matter of policy. Employees should check their employment contract or staff handbook for the applicable terms.

How many days of annual leave are employees entitled to in Hong Kong?

Employees on a continuous contract receive 7 days of paid annual leave after 12 months of service. Entitlement rises by one day each year, reaching a maximum of 14 days from year 9 onward. Eligibility depends on meeting the continuous contract threshold, currently set at 18 hours per week for four or more consecutive weeks, with updated rules taking effect from 18 January 2026.

Who qualifies for statutory holiday pay in Hong Kong?

Employees on a continuous contract for at least 3 months qualify for statutory holiday pay. Those with fewer than 3 months of continuous service are entitled to the day off but receive no statutory pay for it. Hong Kong has 14 statutory holidays in 2025. That number rises to 15 from 1 January 2026, when Easter Monday is added.

How does sick leave pay work in Hong Kong?

Sickness allowance under Employment Ordinance Section 33 applies only when an employee is absent for at least 4 consecutive days due to the same illness. The allowance equals 80% of average daily wages. The employee must have completed at least 1 month of continuous employment before the first sick day.

Can employers pay out annual leave instead of granting it?

Employers cannot contractually waive annual leave or force employees to forfeit it. Employees may elect to receive payment in lieu only for the portion of their entitlement that exceeds 10 days. Leave up to 10 days must be taken as actual time off.

What are the paternity leave entitlements in Hong Kong?

Male employees with at least 40 weeks of continuous employment are entitled to 5 days of statutory paternity leave under the Employment Ordinance Cap. 57. Leave may be taken consecutively or on separate days within the qualifying window around the birth. Pay is set at 80% of average daily wages.

Is jury duty leave mandatory in Hong Kong?

Yes. Hong Kong law requires employers to grant paid leave for jury service. Employers cannot dock wages, require employees to use annual leave, or penalise them for attending. The court pays jurors a statutory allowance of $112 (HKD 875) per day directly. Voting leave has no statutory basis.

What is the continuous contract rule and how does it affect leave entitlements?

A continuous contract is employment of at least 18 hours per week for four or more consecutive weeks with the same employer. Employees meeting this threshold qualify for annual leave, sick leave, maternity leave, paternity leave, and statutory holiday pay. From 18 January 2026, the threshold updates under the 417/468 rule.