In Hong Kong in 2026, a domestic helper gets 7–14 days of annual leave by completed service year, plus 15 statutory holidays. Annual leave pay is average daily wages × leave days. Sick leave accumulates at 2 days per month in the first 12 months and 4 days per month afterwards, up to 120 days; sickness allowance is generally four-fifths of average daily wages when the statutory conditions are met.
| Entitlement | 2026 quick answer | Pay or condition |
|---|---|---|
| Annual leave | 7 days in Years 1–2; 8–14 days from Year 3; 14 days from Year 9+ | Annual leave pay = average daily wages × leave days |
| Sick leave | 2 days/month in the first 12 months; 4 days/month after that; 120-day accumulation cap | Sickness allowance is generally 4/5 of average daily wages when statutory conditions are met |
| Statutory holidays | 15 days in 2026 | Separate from annual leave and weekly rest days |
| Weekly rest day | At least 1 continuous 24-hour rest day in every 7 days | Separate from annual leave and statutory holidays |
Annual Leave Entitlement by Year of Service
Under Section 41A of the Employment Ordinance (Cap. 57), annual leave entitlement increases with length of continuous service. The table below shows the minimum statutory entitlement — employers may offer more, but cannot offer less.
| Year of Service | Minimum Annual Leave Days |
|---|---|
| Year 1 (1st anniversary) | 7 days |
| Year 2 (2nd anniversary) | 7 days |
| Year 3 (3rd anniversary) | 8 days |
| Year 4 (4th anniversary) | 9 days |
| Year 5 (5th anniversary) | 10 days |
| Year 6 (6th anniversary) | 11 days |
| Year 7 (7th anniversary) | 12 days |
| Year 8 (8th anniversary) | 13 days |
| Year 9+ (9th anniversary onwards) | 14 days |
Annual leave accrues based on the helper's employment anniversary date — not the calendar year. A helper who started on 15 March 2025 will complete Year 1 on 15 March 2026 and becomes entitled to 7 days' annual leave from that date.
How to Calculate Annual Leave Pay
Annual leave pay is not simply one day's salary. It is calculated using the average daily wage over the 12 months preceding the leave. This protects helpers whose earnings may have varied (e.g. due to overtime or allowances).
Annual Leave Pay Formula (Cap. 57): Average Daily Wage = Total wages earned in the preceding 12 months ÷ 365 Annual Leave Pay = Average Daily Wage × Number of Leave Days
Historical wage-record example, not the MAW for a newly signed contract: assume HK$5,100 wage each month for a full 365-day reference year with no excluded days. HK$61,200 ÷ 365 ≈ HK$167.67 average daily wage; seven days' leave pay is approximately HK$1,173.70 (round at the end). Free food or a separate HK$1,236 cash food allowance does not automatically turn this into HK$6,336 statutory wages. Use the legal definition of wages, actual wage records and any required exclusions for the real calculation.
Sick Leave: Days, Sickness Allowance and Dismissal Protection
Paid sick leave is a separate entitlement from annual leave. A helper accumulates 2 paid sickness days for each month of service during the first 12 months, then 4 days for each month after that, subject to a maximum accumulation of 120 days.
| Sick-leave rule | What applies |
|---|---|
| Accumulation in first 12 months | 2 paid sickness days per month of service |
| Accumulation after first 12 months | 4 paid sickness days per month of service |
| Maximum accumulated balance | 120 days |
| Sickness allowance | 4/5 (80%) of average daily wages when the statutory conditions are met |
| Evidence and duration | A qualifying sickness period generally requires at least 4 consecutive days and a valid medical certificate |
An employer must not dismiss a helper while she is on paid sick leave. Keep the medical certificate and leave record with the payroll records, and check the Labour Department rules for the particular absence before withholding sickness allowance.
Source: HK Labour Department — Sickness AllowanceWhen Can Annual Leave Be Taken?
- Timing is agreed between employer and helper — neither party can unilaterally dictate dates without reasonable notice
- Leave must be taken within 12 months after it is earned — it cannot be rolled over indefinitely
- Employers must give at least 14 days' advance notice of the leave dates they have scheduled
- Helpers may request specific dates, but the employer has the right to schedule leave at a time that is operationally suitable for the household
Can Annual Leave Be Replaced by Payment in Lieu?
Under Cap. 57, annual leave cannot be waived in exchange for payment in lieu during an ongoing contract — the helper is entitled to take the leave days as actual time off. If the statutory entitlement exceeds 10 days, the helper may elect payment in lieu for the days above 10; the employer cannot force that choice. Outstanding leave must also be paid when employment ends. Employers who routinely pay out statutory leave instead of granting time off risk a Labour Department complaint and back-payment orders.
What Happens to Unused Annual Leave?
If a helper's contract ends — whether by completion, termination, or resignation — and there are unused annual leave days outstanding, the employer must pay out those days at the average daily wage rate. The payment is calculated on a pro-rata basis for any part-year period. Failure to pay out unused leave upon termination is a breach of the Employment Ordinance.
⚠️ Withholding annual leave pay upon contract termination is a criminal offence under Cap. 57. Employers who refuse to pay out unused leave days can face prosecution, back-payment orders, and penalties. This applies even if the termination was due to the helper's misconduct — the leave pay must still be calculated and paid.
Annual Leave for Part-Year Periods
A helper who has not yet completed a full year of service — for example at the end of a contract or upon early termination — is entitled to pro-rata annual leave pay. The calculation is: (Days of service in the current leave year ÷ 365) × Annual leave entitlement for that year × Average daily wage.
Worked example: A helper completes 9 months (274 days) of Year 2 before the contract is terminated. Her Year 2 entitlement is 7 days. Pro-rata leave pay = (274 ÷ 365) × 7 days × average daily wage. At HK$208.31/day: = 0.7507 × 7 × HK$208.31 = HK$1,094.63 payable on termination.
Common Employer Questions
- Q: Can my helper take annual leave during her first year? — A: No. Annual leave entitlement only arises after completing 12 continuous months of service. Before the first anniversary, there is no statutory annual leave entitlement (though some employers grant discretionary leave — this is not required by law).
- Q: Do statutory holidays count as annual leave? — A: No. Statutory holidays and annual leave are entirely separate entitlements under Cap. 57. Using a statutory holiday to count against annual leave is a violation of the Employment Ordinance.
- Q: Can my helper take all her annual leave days at once? — A: Yes, if agreed between both parties. There is no legal requirement to split the leave. Practically, most employers and helpers agree on a schedule that works for both sides.
- Q: What if the helper is sick during her scheduled annual leave? — A: If the helper falls ill during scheduled annual leave and provides a valid medical certificate, those sick days may be reclassified as sick leave (subject to the usual sick leave rules) rather than annual leave — meaning the annual leave days should be reinstated. This is a contested area; check the Labour Department advisory for the latest guidance.
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Frequently Asked Questions
Clear answers to the questions employers ask most about this topic.
How many annual leave days does a domestic helper get in Hong Kong in 2026?
A domestic helper in Hong Kong gets 7 days of annual leave in each of the first two years of service, then one additional day per year from Year 3, reaching 14 days from Year 9 onwards. These are minimum statutory entitlements under the Employment Ordinance.
How is domestic helper annual leave pay calculated?
Annual leave pay is the helper's average daily wages multiplied by the number of annual-leave days. The average daily wages are calculated using the applicable wage period and statutory exclusions under the Employment Ordinance, rather than simply dividing the monthly salary by 30.
How much sickness allowance does a domestic helper get in Hong Kong?
When the statutory conditions are met, sickness allowance is generally four-fifths (80%) of the helper's average daily wages. Paid sickness days accumulate at 2 days per month during the first 12 months and 4 days per month afterwards, up to a maximum accumulated balance of 120 days.
Can an employer dismiss a domestic helper while she is on paid sick leave?
An employer must not dismiss a helper while she is on paid sick leave. Keep the medical certificate and leave records, and check the Employment Ordinance and Labour Department guidance before taking action in a particular case.
What happens to unused annual leave when a domestic helper's contract ends?
Unused annual leave that is payable when the employment ends must be settled at the applicable average daily wage rate, including any qualifying part-year calculation. Annual leave, statutory holidays and weekly rest days are separate entitlements.
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