Domestic Helper Public Holidays Hong Kong 2026: Employer's Complete Guide

What Are Statutory Holidays for Domestic Helpers in Hong Kong?

Statutory holidays are mandatory paid days off defined in Schedule 3 of the Employment Ordinance (Cap. 57). They are separate from annual leave, and separate from the weekly rest day (one day per 7 days). Every foreign domestic helper in Hong Kong is entitled to all 17 statutory holidays per year, regardless of which day of the week they fall on.

Important: Hong Kong has TWO sets of holidays — 'statutory holidays' (17 days, Employment Ordinance) and 'general holidays' (20 days, General Holidays Ordinance). Domestic helpers are entitled to the 17 STATUTORY holidays, not the broader 20 general holidays. If your family gets a general holiday that is not also a statutory holiday, your helper is not automatically entitled to that day off.

Full List: 17 Statutory Holidays for 2026

Statutory Holidays vs Rest Days: What's the Difference?

Many employers confuse rest days and statutory holidays. They are completely separate entitlements:

What Happens If a Statutory Holiday Falls on the Helper's Rest Day?

This is the most common source of employer confusion. If a statutory holiday falls on Sunday (typically the helper's rest day), the holiday is NOT lost — the employer must give the helper an alternative holiday on another day.

Under the Employment Ordinance, the alternative day must be provided within 60 days before or after the original statutory holiday date. Employers who fail to provide the alternative holiday are in breach of the Ordinance.

Can My Helper Work on a Statutory Holiday?

Yes — an employer can request a helper to work on a statutory holiday, but the Employment Ordinance requires compensation:

• Option 1: Give the helper an alternative (paid) rest day within 60 days of the statutory holiday
• Option 2: Pay double wages for the day worked (the day's wages × 2) — this does NOT replace the statutory holiday entitlement; the substitute day must still be given
• Both options must be offered; the employer chooses which, but the substitute day cannot be waived permanently

Annual Leave vs Statutory Holidays: Don't Confuse Them

Statutory holidays are entirely separate from annual leave. A helper who has a statutory holiday off does NOT lose an annual leave day — they are different entitlements under different sections of the Employment Ordinance.

These annual leave days PLUS 17 statutory holidays PLUS 52+ rest days = the total mandatory time off for your domestic helper per year.

Do New Helpers Get Public Holidays Right Away?

Under the Employment Ordinance, an employee must have been employed for at least 3 months before they are entitled to PAID statutory holidays. However, the days off themselves are mandatory from Day 1 — they just may be unpaid in the first 3 months. In practice, almost all employers pay statutory holidays from Day 1, as it is considered standard good practice and builds goodwill with the helper.

Common Employer Mistakes on Public Holidays

• Treating general holidays (e.g., the day after Christmas, Easter) as statutory holidays — check Schedule 3 carefully
• Thinking a holiday is 'cancelled' if it falls on a Sunday — it must be rescheduled
• Not providing the substitute holiday within the 60-day window
• Deducting from annual leave when a helper takes a statutory holiday
• Asking helpers to work on Lunar New Year without providing compensatory time

Frequently Asked Questions: Public Holidays for Helpers

Are domestic helpers in Hong Kong entitled to Good Friday and Easter Monday?

Good Friday and Easter Monday are general holidays under the General Holidays Ordinance, but they are NOT listed in Schedule 3 of the Employment Ordinance as statutory holidays. This means domestic helpers are not automatically entitled to these days off. Some employers give them voluntarily — this is good practice but not legally required.

What if my helper is sick on a statutory holiday?

If a helper is genuinely sick on a statutory holiday, the holiday is preserved. It is not treated as a sick day. The employer must still give the statutory holiday on an alternative day (within 60 days) or the helper retains the entitlement. Sick leave and statutory holidays do not cancel each other out.

Can I include statutory holidays in annual leave to simplify scheduling?

No. Statutory holidays and annual leave are completely separate entitlements under different provisions of Cap. 57. You cannot use annual leave days to satisfy the statutory holiday obligation, nor can statutory holidays be converted to annual leave.

Does a helper on probation get statutory holidays?

The days off are mandatory from the start of employment. Paid holiday entitlement requires 3 months of continuous service — but the helper must still have the day off unpaid during probation if applicable. Most employers pay from Day 1.

What is the employer's liability if they don't give statutory holidays?

Failing to give statutory holidays is a criminal offence under the Employment Ordinance. Employers can be fined up to HK$50,000 per violation on summary conviction. Helpers can also claim statutory holiday pay and compensation through the Labour Tribunal.

Can the employer change which day is the helper's weekly rest day to avoid holiday pay?

Changing the rest day each week to ensure it always coincides with statutory holidays — a tactic to avoid providing substitute holidays — is illegal under the Employment Ordinance. The rest day arrangement must be agreed in the employment contract and cannot be changed unilaterally by the employer.