Domestic Helper Sick Leave, Annual Leave & Rest Day Rights in Hong Kong (2026)

Leave entitlements are one of the most frequently contested areas in domestic helper employment in Hong Kong. The Employment Ordinance (Cap. 57) is explicit on what employers must provide — but many employers either underestimate these entitlements or implement them incorrectly. Labour Tribunal data consistently shows leave disputes among the top categories of FDH-related claims. This guide covers every entitlement with the legal basis, correct implementation, and the most common mistakes.

Rest Days: The Most Misunderstood Entitlement

Under Section 17 of the Employment Ordinance, every employee (including FDHs) is entitled to not less than one rest day in every period of seven days. A rest day is a continuous period of 24 hours during which the helper is not required to work.

What employers must know about rest days

• Minimum 1 rest day per 7 consecutive days — Sunday is conventional but not legally mandated
• The 24 hours must be continuous — a split rest day (6 hours off in the morning, 6 hours in the evening) does not qualify
• The employer specifies which day — but must notify the helper at the start of each month which days will be rest days
• The helper cannot be required to work on a rest day — she can voluntarily agree to work, but cannot be compelled
• If a helper voluntarily works on a rest day, the employer must pay an extra day's wages for that day
• Rest days can be changed with not less than 48 hours' notice — or with the helper's agreement on shorter notice

The Sunday convention and why it matters

Most Hong Kong FDH contracts specify Sunday as the rest day. This is conventional (not legal) because Sunday is when Filipino and Indonesian community services, religious services, and social support networks operate. Changing a helper's rest day from Sunday to a weekday, unless mutually agreed, can be a significant source of grievance. If your household needs coverage on Sundays, discuss this openly during hiring — not after the contract starts.

Statutory Holidays (12 Days Per Year)

FDH employers must grant 12 statutory holidays per year. Under the Standard Employment Contract (Form ID 407), these are fixed and cannot be removed or replaced with a cash payment (unless a public holiday falls on a rest day, in which case an alternative holiday must be granted within 60 days).

Note: The above are the 12 statutory holidays under the Employment Ordinance for FDH contracts. This differs slightly from the 17 general public holidays. Check annually — dates of lunar-calendar holidays shift each year.

Annual Leave: Entitlement, Scheduling, and Payment

Annual leave entitlements under Cap. 57 increase with length of service. FDH contracts use a scaling system:

Key rules on scheduling annual leave

• Annual leave must be taken within 12 months after it is earned — it cannot be perpetually rolled over
• The employer schedules the leave — the helper does not have the right to unilaterally choose dates, but the employer should give reasonable notice
• The employer must give at least 14 days' advance notice of scheduled annual leave
• Annual leave pay = helper's average daily wages × number of leave days. This is usually equivalent to a full day's wage
• If the helper's employment is terminated before annual leave is taken, all unused annual leave must be paid out in cash
• Annual leave cannot be set on rest days or statutory holidays — those are separate entitlements

Sick Leave: Entitlement, Conditions, and Pay

How sick leave accumulates

• Sick leave accumulates at a rate of 2 paid sick days per month of employment
• The first 12 months of a contract earn 2 days/month = 24 days by the end of year 1
• Maximum accumulation: 120 paid sick days over the course of employment
• Paid sick leave rate: 4/5 (80%) of the helper's average daily wages per sick day

When paid sick leave applies — and when it doesn't

• Sick leave is paid if: it lasts 4 or more consecutive days AND the helper provides a medical certificate from a registered medical practitioner
• Sick leave of 1–3 days is UNPAID unless your employment contract provides otherwise
• The employer can require the helper to see a doctor of their choice — but must pay for the appointment
• If you send the helper to your family doctor and she gets a sick leave certificate, that qualifies as a valid MC
• Sick leave taken in the first month of employment is paid if the certificate is from Day 1 (the 4-day rule still applies)

Protection from dismissal during sick leave

Under Cap. 57, an employer cannot lawfully terminate a helper's employment while she is on paid sick leave. If you issue a notice of termination during paid sick leave, the notice period does not start until after the sick leave period ends. Attempting to dismiss a helper during certified sick leave exposes you to claims of wrongful dismissal.

Maternity Leave: 14 Weeks

• Statutory maternity leave: 14 weeks (increased from 10 weeks in December 2020)
• Paid at 80% of average wages — first 14 weeks
• Requires 40 or more weeks of employment with the same employer at the time of confinement
• The employer cannot terminate the employment during maternity leave or within 1 month of return
• Notice of pregnancy: helper should give written notice as soon as reasonably practicable after knowing she is pregnant
• Maternity leave pay is NOT covered by standard FDH insurance — this cost falls on the employer

Record-Keeping: Protect Yourself

• Keep a monthly leave record — note every sick day taken, annual leave day taken, and statutory holiday
• WhatsApp confirmations are admissible in HK Labour Tribunal — screenshot and save all leave-related messages
• At the end of each contract year, confirm in writing how many annual leave days were taken and how many remain
• If you dispute a sick leave certificate, you must do so promptly — waiting until the helper's departure undermines your position