Last updated on August 24, 2024.

Paid Time Off (PTO) in Hong Kong

Vacation Quota (Annual Leave)

At least 7 days of paid vacation.

Employees in Hong Kong are entitled to at least 7 days of paid vacation leave after one full year of service at the company. This 7-day vacation leave is during an employee’s first and second years of employment.

Increase in Vacation Days Throughout Years of Service

However, starting from the third year of service, vacation entitlement increases with the number of years of continuous employment, up to a maximum of 14 days, as follows:

Rules for Scheduling and Taking Vacation

Employers must follow the rule about how many days of vacation leave can be taken in one go versus in smaller chunks, depending on an employee’s total number of leave days.

• If an employee is entitled to less than 10 days of vacation: the employer can allow the employee to take up to 3 days of this leave separately (i.e., not all at once). The remaining days can be taken together or separately, depending on the employer’s policy.
• If an employee is entitled to 10 days or more of vacation: the employer must allow the employee to take at least 7 days of this leave all at once (continuously). Depending on the employer’s discretion or the agreement between the employer and the employee, the employee can take the remaining leave days separately or in one block.

Carry Over of Unused Vacation Days

Allowed, up to 12 months.

If, after the end of the year, they still haven’t taken all their vacation days, employees are allowed to carry over these days into the next year. However, all vacation days must be taken within 12 months after they are earned.

PTO Payout at Termination

Legally required.

All owed payments to employees must be made as soon as possible after their employment has ended and at the latest 7 days after the termination date. This includes the payout for all unused vacation days.

Rest Days

At least 1 day of rest in every period of 7 days.

Employees working under a continuous contract or agreement with the same employer are entitled to at least one rest day every seven days. These rest days are in addition to all public and statutory holidays.

Whether rest days are paid or unpaid is not regulated by law; it is determined by the agreement between an employee and an employer.

Sick Leave in Hong Kong

Accrual of 2 or 4 days of paid sick leave per month

Employees in Hong Kong are entitled to paid sick leave, and the number of paid sick days depends on the duration of their employment. Employees on sick leave receive a sickness allowance.

Accrual Rate

Employees in Hong Kong are entitled to paid sick leave as follows:

• 2 days of paid sick leave per month: During the first year of employment (initial 12 months).
• 4 days of paid sick leave per month: After the initial 12 months of employment.

This accrual can go up to a limit of 120 days of paid sick leave.

This applies to employees working under a permanent, continuous, or fixed-term contract.

Taking a Sick Leave

Employees can accrue paid sick days over their entire period of employment, divided into two categories:

• Up to 36 accrued days may be used with a valid medical certificate.
• Up to 84 accrued days may be used, but only after all the days from the first category have been exhausted.

An employee must provide a medical certificate given by an official medical practitioner.

Payout of Sick Leave

Employees working with a continuous or permanent contract for at least one month before the first day of sick leave are qualified to receive a sickness allowance from their employer.

Payment for sick leave days is calculated at a rate of 80% of the employee’s average salary during the 12 months before the beginning of the absence. The calculation for employees with less than 12 months of employment is determined by the average wages from the beginning of their work in the company.

Employees may take advantage of sick leave allowance when they are absent from work for 4 days in a row.

Maternity and Paternity Leave

Maternity Leave in Hong Kong

14 weeks

Female employees in Hong Kong who become pregnant are entitled to 14 weeks of partially paid (4/5 of salary) maternity leave. From 2 to 4 weeks of maternity leave may be taken before the due date, and the rest of it afterwards.

If the baby is born later than the anticipated due date, the employee might be allowed an additional period of maternity leave. These extra days of leave will cover the days between the expected and actual birth dates. Certain employees are entitled to up to 4 additional weeks of maternity leave if they suffer a disability or experience a serious illness related to childbirth or pregnancy.

Maternity leave may be used in full or in separate parts.

Eligibility

To authorize maternity leave, employees must complete at least 40 weeks of employment before the beginning of leave at the current employer and work at least 18 hours a week. If a pregnant female employee doesn’t possess this experience, she might still take maternity leave with a decreased duration. A medical certificate from a registered practitioner is required to confirm the leave in any case.

Payout

Maternity leave is paid by the employer at a rate of four-fifths of the employee’s average salary, calculated over the 12 months before the start of leave. In cases where an employee has not worked for the full 12 months, a shorter period is calculated for this benefit.

Maternity leave payments from weeks 11 to 14 are capped at the amount of 80,000 HKD. The employer receives repayment of these 4 weeks from the government.

Paternity Leave in Hong Kong

5 days

An employee who becomes a parent of a newborn child is entitled to 3 to 5 days of partially paid (4/5 of salary) paternity leave.

Eligibility

To qualify for the leave, an employee must be working under a continuous contract for at least 40 weeks prior to the paternity leave. An employee must notify their manager of their decision to take paternity leave at least 3 months before the due date of childbirth.

An employee may take leave immediately after notifying their manager if they follow this rule at least 3 months’ advance notice before the predicted childbirth date. Suppose this notice is not provided within the required timeframe. In that case, an employee is required to inform the employer of his intended paternity leave a minimum of 5 days before the planned leave.

Taking a Paternity Leave

Paternity leave can be carried out during one continuous period or in divided parts.

Leave must be taken within the following timeframe:

• 4 weeks before the due date;
• Up to 10 weeks after the child’s birth.

Payout

Payment during paternity leave, the same as for maternity leave, is calculated at 4/5 of the average salary for the 12 months before the beginning of leave. In cases where a worker has not been employed for 12 months, a shorter period is used for determining this benefit.

Bereavement Leave in Hong Kong

Not required by law.

Bereavement leave, as well as marriage leave, is not required by Hong Kong leave laws. Although there’s no statutory requirement for these events, some companies may choose to provide this benefit and establish their leave policies for such situations.

Jury Duty Leave in Hong Kong

Jury duty leave is not specified by Hong Kong leave laws.

Military Leave in Hong Kong

Military leave is not specified by law.

Voting Leave in Hong Kong

Voting leave is not specified by law.

Public Holidays in Hong Kong for 2024

Employees under a continuous contract for at least three months are eligible to be paid for these holidays.

The number of public holidays that are statutory will gradually increase by 2030, from 12 to 17 days. Therefore, one additional public holiday shall be added as a statutory every two years.

New statutory public holidays are being added:

• From January 1, 2024 => the first weekday following Christmas;

• From January 1, 2026 => Easter Monday (the day after Easter Sunday);

• From January 1, 2028 => Good Friday (2 days before Easter Sunday);

• From January 1, 2030 => The day after Good Friday.

A complete list of official holidays celebrated in Hong Kong:

A national holiday that falls on a Saturday is generally lost, unless the employer chooses to provide an additional day for such an occasion. If on Sunday, the holiday moved to a (typically following) weekday as a substitute day off.

Sources of Hong Kong Leave Laws

1. Local Laws & Regulations, https://www.atlashxm.com/en/countries/hong-kong

2. Payroll and Benefits Guide Hong Kong, https://www.papayaglobal.com/countrypedia/country/hong-kong/

3. Definitive Guide to Hiring in Hong Kong, https://www.papayaglobal.com/countrypedia/country/hong-kong/

Check out our Leave Laws page to learn more about laws in various countries.