Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Hong Kong. This article explains Hong Kong’s leave laws, including Sick Leave Annual Leave Statutory Holiday Compassionate leave Marriage leave Maternity Leave Paternity leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Sick Leave | 2 paid sick days per month for first year, 4 per month thereafter | Monthly accrual, varies by length of service | Yes, can be accumulated up to 120 days | No payout for unused sick leave | No, unused sick leave is not paid out |
Annual Leave | 7 to 14 days based on years of service | Accrues annually based on years of service | Generally not allowed, depends on contract | Yes, for unused leave | No, unless employment is terminated |
Statutory Holiday | 12 days per year | Not applicable, fixed dates | Not applicable, fixed dates | Not applicable, unless holiday falls during notice period | Not applicable |
Compassionate leave | Discretionary, typically 3 days | Not applicable | Not applicable | Not applicable | Not applicable |
Marriage leave | Generally 3 days | Not applicable | Not applicable | Not applicable | Not applicable |
Maternity Leave | 14 weeks of paid leave | Not applicable | Not applicable | Pro-rated if employment is terminated | Not applicable |
Paternity leave | 5 days of paid leave | Not applicable | Not applicable | No payout for unused leave | Not applicable |
Employees accrue 2 paid sick days for each completed month of the first year of employment and 4 paid sick days per month from the second year onwards. There is a cap of 120 days.
Employees must inform their employer about their sickness as soon as possible. If the sick leave lasts for more than 2 consecutive days, a medical certificate is required.
Sick leave does not typically require prior approval, but employees must submit a medical certificate if the sickness lasts more than 2 consecutive days.
The statutory quota for sick leave is capped, and no additional sick leave days are mandated by law beyond this cap.
Sick leave accrues monthly, with the accrual rate increasing after the first year of employment.
Unused sick leave can be carried over year to year, with a maximum accumulation limit of 120 days.
There is no payout for unused sick leave when an employee's employment is terminated.
There is no end of year payout for unused sick leave; it is only carried over.
If sick leave extends beyond 2 consecutive days, a medical certificate is required to qualify for paid sick leave.
Employees are entitled to annual leave ranging from 7 days for the first 2 years of service, increasing by 1 day for each additional year of service, up to a maximum of 14 days.
The notice period for taking annual leave is not explicitly set by law and usually depends on the agreement between the employer and the employee, typically discussed in the employment contract.
Annual leave must be approved by the employer, with considerations often based on business needs and staffing requirements.
There are no statutory provisions for additional annual leave quota beyond the 14 days; any extension is at the discretion of the employer.
Annual leave accrues yearly and increases with each additional year of service as stipulated by the Employment Ordinance.
Carrying over of annual leave to the next year is not commonly practiced and is typically based on the terms stipulated in the individual employment contract.
Upon termination of employment, any accrued but unused annual leave must be paid out to the employee.
Unused annual leave is not paid out at the end of the year unless the employment relationship is terminated.
Employees are eligible for annual leave only after having been employed for a continuous period of 12 months with the same employer.
Employees are entitled to 12 statutory holidays throughout the year, as specified by the Hong Kong government.
Statutory holidays are predetermined and publicly announced by the government, thus no notice period is applicable.
Statutory holidays are mandatory public holidays and do not require approval from the employer.
There are no provisions for additional statutory holidays beyond the 12 days mandated by law.
Statutory holidays are fixed and do not accrue; they are observed on specific dates each year.
Carry over rules do not apply to statutory holidays as they must be observed on the specific dates designated each year.
Payout rules for statutory holidays do not apply unless the holiday falls within an employee's notice period of termination.
There is no payout for statutory holidays at the end of the year as these holidays must be taken on the specified dates.
All employees, regardless of their length of service, are entitled to statutory holidays.
Compassionate leave is not mandated by law but is commonly granted by employers. Typically, employers offer around 3 days of leave for events such as a family death.
Employees should inform their employer as soon as possible when needing to take compassionate leave, although the exact requirements can vary depending on the employer's policy.
Compassionate leave is generally at the discretion of the employer and thus requires approval based on the circumstances and the employer's policies.
Additional compassionate leave is entirely at the discretion of the employer and is based on the employer's leave policies and the specific situation.
Compassionate leave does not accrue and is typically granted on an as-needed basis.
Compassionate leave does not carry over as it is granted based on specific instances of need.
There is no payout for unused compassionate leave as it is not a statutory benefit.
There is no end-of-year payout for compassionate leave as it is not accrued or carried over.
Rules and entitlements for compassionate leave can vary greatly between different employers and are typically outlined in the employment contract or employee handbook.
Employees are typically entitled to 3 days of paid marriage leave. Some companies might offer more days depending on internal policies.
Employees are usually required to give advance notice of a few weeks, depending on company policy, to take marriage leave.
Marriage leave must be approved by the employer, and it is subject to staffing and scheduling needs within the company.
Additional days beyond the standard marriage leave are generally not provided, though exceptions may exist based on employer discretion.
Marriage leave does not accrue and is granted as a one-time benefit upon a qualifying event.
Marriage leave cannot be carried over as it is event-specific and intended for use at the time of one's marriage.
Marriage leave is not subject to payout upon termination as it must be used in relation to the event for which it is intended.
There is no end of year payout for marriage leave as it does not accrue or carry over.
Employees might be required to provide proof of marriage to be eligible for marriage leave, as stipulated by company policy.
Pregnant employees are entitled to 14 weeks of maternity leave with pay provided they have worked for the employer for a continuous period of at least 40 weeks immediately before the commencement date of the scheduled leave.
Employees must inform their employer of their pregnancy and intention to take maternity leave at least 10 weeks before the expected date of delivery, along with a medical certificate confirming the pregnancy.
Maternity leave is a statutory right and does not require approval as such, but employees must comply with the notification requirements to benefit from paid leave.
The standard maternity leave quota is fixed at 14 weeks and additional leave beyond this period would be at the discretion of the employer and is not mandated by law.
Maternity leave does not accrue over time but is available per pregnancy as long as the employee meets the eligibility criteria.
Maternity leave cannot be carried over as it is granted per instance of pregnancy and must be taken within the time frame relative to the delivery date.
If employment is terminated while the employee is pregnant but before maternity leave is taken, she may be entitled to a pro-rated payout for the maternity leave period, depending on the circumstances of the termination.
Maternity leave does not have an end-of-year payout as it must be used specifically around the time of childbirth.
From the time the employee declares her pregnancy to her employer until the end of her maternity leave, she is protected against dismissal due to her pregnancy, except in cases of serious misconduct.
Eligible male employees are entitled to 5 days of paternity leave, which can be taken consecutively or separately but must be taken within the period of 4 weeks before or after the childbirth.
Employees are encouraged to notify their employer at least 3 months in advance of the expected date of childbirth, though shorter notice periods may be acceptable depending on the circumstances.
While paternity leave is a statutory right, the scheduling of such leave requires coordination with the employer to ensure proper staffing during the employee's absence.
Additional paternity leave beyond the statutory 5 days is not common and would be at the discretion of the employer.
Paternity leave does not accrue and is granted per instance of childbirth, provided the employee meets the eligibility criteria.
Paternity leave must be used within the specified time frame around the childbirth and cannot be carried over to a different period.
Unused paternity leave is not paid out upon termination of employment.
There is no end-of-year payout for unused paternity leave as it must be utilized within the childbirth period.
Employers may require documentation such as a birth certificate or a medical certificate confirming childbirth to grant paternity leave.
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