Editor’s Note: Statutory Leave Types in Hong Kong: An HR Guide was published on 26 Nov 2018, and last updated on 25 Jun 2022.
As the holiday season approaches, many of us are planning to use that annual leave to spend more time with family and friends. So, we’ve written an overview of the different statutory leave types and requirements that are available in Hong Kong.
Annual Leave



Good to Know: Annual Leave Entitlement
Employees employed less than 12 months in the common leave year is eligible for annual leave on a pro-rata basis (rounded up to a full day of leave). Employees may use the granted pro-rata annual leave before the start of the next common leave year; alternatively, they can allow it to be brought forward.
Years of Service | Annual Leave Entitlement |
1 | 7 |
2 | 7 |
3 | 8 |
4 | 9 |
5 | 10 |
6 | 11 |
7 | 12 |
8 | 13 |
9 or above | 14 |
Employer Obligations
Employers may:
- select a period of 12 consecutive months as the common leave year for all employees e.g. 1 Jan to 31 Dec, or
- select any period of 12 months commencing on the day on which individual employment commences and an anniversary of such day.
An employer should not include in an employment contract a term to forego all or any of his employee’s annual leave entitlement, including payment of wages in lieu of any annual leave days. However, the law allows an employee to choose to accept payment in lieu of that part of his leave entitlement which exceeds 10 days.
An employee is entitled to pro-rata annual leave pay between 3 months and 12 months’ service in a leave year if his employment contract is terminated unless the employee is dismissed by summary dismissal.
Weβve written a detailed guide on Annual Leave requirements and applications. Read it here.
Sick Leave



Good to Know: Sick Leave Payment Calculation
The daily rate of sickness allowance is calculated as 80% of the average daily wages earned by an employee in the 12-month period preceding the first day of sickness. If an employee has been employed for fewer than 12 months, the calculation is based on the shorter period.
The allowance should be paid to the employee no later than the normal payday.
Conditions for taking paid sickness day(s)
Paid sickness days are divided into two categories – paid sickness days can first be accumulated up to 36 days in Category 1 and then 84 days in Category 2.
Category | Total Number | Conditions for taking paid sickness day(s) |
Category 1 | 36 | supported by a medical certificateΒ issued by: – a registered medical practitioner, – a registered Chinese medicine practitioner or – a registered dentist regarding an employeeβs medical examinationΒ in relation to her pregnancy, may also be supported by a certificate of attendanceΒ issued by: – a registered medical practitioner, – a registered Chinese medicine practitioner, – a registered midwife or – a registered nurse, apart from a medical certificate |
Category 2 | 84 | Sickness days taken exceeds the number of paid sickness days remaining in Category 1. If required by the employer, a medical certificateΒ issued by: – a registered medical practitioner, – a registered Chinese medicine practitioner or – a registered dentist… attending the employee as an out-patient or in-patient in a hospital. A brief record ofΒ the investigation carried out and the treatment prescribed by the issuer of the medical certificate should also be produced. An employeeβsΒ medical examination in relation to her pregnancy may also produce a certificate of attendanceΒ issued by: – a registered medical practitioner, – a registered Chinese medicine practitioner, – a registered midwife or – a registered nurse… who conducts the examination for the employee as an out-patient or in-patient in a hospital, apart from a medical certificate. |
Read our detailed guide on Hong Kong’s Sick Leave requirements and payment
Maternity Leave



Good to Know: Applying for Maternity Leave
A pregnant employee can decide to start her maternity leave from two to four weeks before the expected date of confinement. If the employee does not decide on the date or fails to secure her employer’s agreement, her maternity leave shall commence four weeks before the expected date of confinement.
Maternity leave will commence on the date of confinement if it occurs before the scheduled maternity leave. The employee should give notice of the date of confinement and her intention to take 10 weeks of maternity leave to her employer within seven days of her confinement.
The distinction between Maternity Leave and Sick Leave
When the employeeβs absence from work to attend medical examination in relation to her pregnancy is supported by an appropriate medical certificate* or a certificate of attendance**, any such day on which she is absent shall be counted as a sickness day. Under such circumstances, if the employee has accumulated sufficient number of paid sickness days, each sickness day shall be paid sickness allowance which is a sum equivalent to four-fifths of her average daily wages.
* The medical certificate should specify the number of days on which, and the nature of the sickness or injury on account of which, the employee is unfit for work.Β
** The certificate of attendance should state the employeeβs attendance for a medical examination in relation to her pregnancy and the relevant date. It should be issued by a registered medical practitioner, a registered Chinese medicine practitioner, a registered midwife or a registered nurse. Certificate of attendance is not applicable to a medical examination in relation to pregnancy conducted before 11 December 2020.
Check out the Talenox guide to Maternity Leave in Hong Kong
Paternity Leave



Good to know: Notice Period for Paternity Leave
An employee would be eligible for the aforementioned paternity leave if he β
- is the fatherΒ of a new-born child or a father-to-be;
- has been employed under a continuous contract; and
- has given the required notification to the employer.
An employee must give notice of his intention to take paternity leave at least 3 months before the expected delivery date of the child. If he fails to do so, he must notify the employer at least 5 days before the leave commences.
Read more about Paternity Leave in Hong Kong here
Statutory and General Holidays



Good to Know: Working on Statutory Holidays
An employer may request for an employee to work on statutory holidays, but it is required that she/he gives the employee at least 48 hoursβ notice. The employer must then arrange a replacement holiday within 60 days before or after the statutory holiday. Also, if the employer and employee agree, any day within 30 days of the statutory or replacement holiday may be taken by the employee as a substitute holiday. In this situation, we advise that employers keep records of such replacement holidays.
General Holidays in 2022
Every Sunday | Sunday | |
The first day of January | 1 January | Saturday |
Lunar New Year’s Day | 1 February | Tuesday |
The second day of Lunar New Year | 2 February | Wednesday |
The third day of Lunar New Year | 3 February | Thursday |
Ching Ming Festival | 5 April | Tuesday |
Good Friday | 15 April | Friday |
The day following Good Friday | 16 April | Saturday |
Easter Monday | 18 April | Monday |
The day following Labour Day | 2 May | Monday |
The day following the Birthday of the Buddha | 9 May | Monday |
Tuen Ng Festival | 3 June | Friday |
Hong Kong Special Administrative Region Establishment Day | 1 July | Friday |
The second day following the Chinese Mid-Autumn Festival | 12 September | Monday |
National Day | 1 October | Saturday |
Chung Yeung Festival | 4 October | Tuesday |
The first weekday after Christmas Day | 26 December | Monday |
The second weekday after Christmas Day | 27 December | Tuesday |
General Holidays in 2023
Every Sunday | Sunday | |
The day following the first day of January | 2 January | Monday |
The second day of Lunar New Year | 23 January | Monday |
The third day of Lunar New Year | 24 January | Tuesday |
The fourth day of Lunar New Year | 25 January | Wednesday |
Ching Ming Festival | 5 April | Wednesday |
Good Friday | 7 April | Friday |
The day following Good Friday | 8 April | Saturday |
Easter Monday | 10 April | Monday |
Labour Day | 1 May | Monday |
The Birthday of the Buddha | 26 May | Friday |
Tuen Ng Festival | 22 June | Thursday |
Hong Kong Special Administrative Region Establishment Day | 1 July | Saturday |
The day following the Chinese Mid-Autumn Festival | 30 September | Saturday |
The day following National Day | 2 October | Monday |
Chung Yeung Festival | 23 October | Monday |
Christmas Day | 25 December | Monday |
The first weekday after Christmas Day | 26 December | Tuesday |
Learn more about statutory leave types in Hong Kong
Talenox comes with pre-set Statutory Leave Types in Hong Kong
For detailed info on how to use the Leave module on Talenox, we’ve put together a visual guide!
Weβve also created a section on our Knowledge Centre solely for our Hong Kong users. It contains useful information on all the Talenox apps, statutory regulations in Hong Kong, as well as pricing and subscription information. Browse around or search for a topic youβre keen to find out more about!
How do you handle the 713 legislation for hong kong where average pay has to be used for commission staff on leave payment
Hi Daniel!
We usually take the past 12 months of payroll processed in Talenox, in order for us to compute the Average Daily Wage (ADW). Our engineers are also building a direct integration from our Leave module to Payroll module to automatically calculate the ADW for Maternity, Paternity, and Sick leave. Your commission staff will be able to get their ADW calculated for their leave payment very soon. =)