- From 2026, statutory holidays for domestic helpers increase from 13 to 17 days — contracts signed before 2024 may need updating at next renewal.
- Rest days and statutory holidays are two separate entitlements for domestic helpers under the Employment Ordinance and cannot be used interchangeably.
- If a domestic helper works on a statutory holiday, you must arrange an alternative day off within 60 days or pay at least one day's wages in compensation.
- Unused paid annual leave at contract termination must be compensated on a pro-rata basis — it cannot be withheld from your domestic helper.
Disclaimer: This article is for general information only and does not constitute legal advice. Holiday entitlements may change with legislative updates. All employers should refer to the latest information on the Labour Department's official website (labour.gov.hk) and consult the department directly if in doubt.
Domestic helper holiday entitlements are one of the most common sources of disputes between employers and helpers. Many employers arrange holidays without fully understanding the relevant laws, inadvertently putting themselves at risk of a labour dispute. This article breaks down the two holiday systems that apply to domestic helpers, the 2026 statutory holiday list, and common employer mistakes to avoid.
- Employment Ordinance (Cap. 57): Governs wages, leave, notice periods and severance for all employees including FDH
- Employees' Compensation Ordinance (Cap. 282): Requires employers to purchase work injury insurance — mandatory for all FDH employers
- Immigration Department FDH Policy: Requires helpers to live in the employer's residence; governs visa conditions and transfer rules
- Minimum Allowable Wage (MAW): HK$4,990/month (2024–2026) — set by the Labour Department, separate from the general Minimum Wage Ordinance
- Source: HK Labour Department, Immigration Department
1. Two Holiday Systems: Statutory Holidays vs Annual Leave
Under Hong Kong's Employment Ordinance, domestic helpers are entitled to two distinct types of leave that employers must understand separately. First, Statutory Holidays — mandated by law, totalling 17 days per year from 2026 onwards, applicable to all employees in Hong Kong. Second, Annual Leave — calculated based on length of service, starting after one full year of employment.
Domestic helper contracts use the standard form (ID 407), which sets out holiday arrangements. Under this standard contract, helpers are entitled to one rest day per seven-day period (not necessarily paid) in addition to statutory holidays. Employers should not confuse rest days with statutory holidays.
2. 2026 Statutory Holiday List for Domestic Helpers (17 Days)
From 2026 onwards, the number of statutory holidays under the Employment Ordinance increases from 13 to 17 days, aligning with the General Holidays Ordinance. The 17 statutory holidays for the year are:
- New Year's Day (1 Jan)
- Chinese New Year — 1st to 3rd day of Lunar New Year
- Ching Ming Festival
- Good Friday
- Day following Good Friday (Holy Saturday)
- Easter Monday
- Labour Day (1 May)
- Buddha's Birthday (8th day of 4th lunar month)
- Tuen Ng Festival (5th day of 5th lunar month)
- Hong Kong SAR Establishment Day (1 Jul)
- Day following Mid-Autumn Festival
- National Day (1 Oct)
- Chung Yeung Festival (9th day of 9th lunar month)
- Winter Solstice or Christmas Day (as per contract)
- Christmas Day (25 Dec)
- Boxing Day (26 Dec)
If a helper is required to work on a statutory holiday, the employer must arrange an alternative day off within 60 days, or pay compensation of at least one day's wages as agreed.
3. Domestic Helper Annual Leave: Calculated by Length of Service
In addition to statutory holidays, domestic helpers who have completed 12 months of employment begin to accrue paid annual leave. The number of days increases with length of service: 7 days for 1–2 years, 8 days after 3 years, increasing by one day each year up to a maximum of 14 days (9 or more years of service).
Annual leave should generally be arranged before the anniversary date, and taken as continuous leave (unless employer and helper agree to split it). It is good practice to discuss leave timing well in advance to avoid disruption to family routines.
4. Common Employer Mistakes to Avoid
The following are the most common holiday-related mistakes DuckDuckDay consultants encounter from employers:
- Mistake 1: Believing statutory holidays do not apply to domestic helpers — they do. Statutory holidays are a legal right under the Employment Ordinance and cannot be denied.
- Mistake 2: Using rest days to "offset" statutory holidays — rest days and statutory holidays are two separate entitlements and cannot substitute for each other.
- Mistake 3: Requiring a helper to work on a statutory holiday without arranging an alternative day off or compensation — this violates the Employment Ordinance and the helper is entitled to file a complaint with the Labour Department.
- Mistake 4: Contract ends with unused annual leave — if the contract terminates with outstanding annual leave, the employer must pay pro-rata compensation for the unused days.
📊 DuckDuckDay Consultant Observations (2025–2026):
• Most common employer–helper legal dispute: statutory holiday makeup arrangements (~35% of cases)
• Second most common: annual leave calculation errors (~22%)
• Third: notice pay disputes (~18%)
• Simple written records resolve over 80% of common labour disputes before they reach the Tribunal
Source: DuckDuckDay consultant case statistics (2025–2026, anonymised)
Tin Hau Employer Faces Complaint Over Missed Public Holiday Compensation
Situation: A Tin Hau employer asked their helper to work on a statutory holiday in 2025 and did not arrange a substitute day off, believing FDH public holiday rules differed from local employees.
The reality: Under the Employment Ordinance, FDH are entitled to the same 14 statutory holidays as local employees. If a helper is required to work on a holiday, the employer must arrange a substitute day off within a reasonable period.
Resolution: With guidance from DuckDuckDay, the employer issued 3 substitute days and appropriate compensation, avoiding a formal Labour Tribunal filing.
Outcome: Dispute resolved amicably; employment relationship preserved.
5. Recommended Actions: Update Contracts and Check Official Sources
If your helper contract was signed before 2024, it is advisable to update the terms at the next renewal to comply with 2026 requirements. In particular, statutory holiday clauses should explicitly list all 17 days and clearly set out arrangements for alternative days off and compensation.
The most reliable source is the Labour Department's official website (labour.gov.hk), which provides up-to-date employer guides, standard contract templates, and calculation tools. DuckDuckDay can also help you review contract terms during renewal to ensure compliance. If you have any questions, feel free to WhatsApp our consultant directly.