In this article
- 1. How Many Days of Annual Leave Do Employees Get in Hong Kong?
- 2. Who Is Entitled To Paid Annual Leave In Hong Kong?
- 3. When Can Employees Take Annual Leave In Hong Kong?
- 4. Can Annual Leave Be Split Into Separate Days?
- 5. How Is Annual Leave Pay Calculated In Hong Kong?
- 6. Can Employers Pay Money Instead of Giving Annual Leave?
- 7. What Happens to Unused Annual Leave When Employment Ends?
- 8. What If a Statutory Holiday or Rest Day Falls During Annual Leave?
- 9. What Should Hong Kong Employers Check?
- 10. Annual Leave Hong Kong FAQs
Annual leave in Hong Kong is not just a benefit provided by the company. For employees covered by the Employment Ordinance, it is a statutory right. This means employers cannot simply decide their own minimum rules or just give employees less than what the law requires.
For Hong Kong employers, HR teams, payroll staff, and employees, the main thing to understand is simple: annual leave entitlement depends on whether or not an employee meets the continuous employment criteria and their length of service. The longer an employee stays with the same employer, the more statutory paid annual leave they are entitled to, up to a legal maximum count.
How Many Days of Annual Leave Do Employees Get in Hong Kong?
Under the Hong Kong Employment Ordinance, an employee is entitled to paid annual leave after serving every 12-month period under a continuous contract. The entitlement starts at 7 days and gradually increases to 14 days based on years of service.
| Years Of Service | Statutory Annual Leave |
|---|---|
| 1 year | 7 days |
| 2 years | 7 days |
| 3 years | 8 days |
| 4 years | 9 days |
| 5 years | 10 days |
| 6 years | 11 days |
| 7 years | 12 days |
| 8 years | 13 days |
| 9 years or above | 14 days |
Some employers in Hong Kong offer more than the statutory minimum, especially for office, finance, tech, or professional roles. That is allowed. What employers cannot do is offer less than the statutory entitlement to eligible employees.
Read also: Paid Time Off Types and its Benefits: You Need to Know
Who Is Entitled To Paid Annual Leave In Hong Kong?
The key condition is that the employee must be employed under a continuous contract.
From 18 January 2026, Hong Kong’s revised continuous contract requirement applies. An employee is generally regarded as being under a continuous contract if they have been employed by the same employer for four weeks or more and meet one of the working hour requirements: at least 17 hours in each week, or 68 hours or more in a four-week period where the employee works less than 17 hours in any week.
This matters because annual leave Hong Kong rules do not only affect full-time office staff. Part-time, shift-based, and irregular-hours employees may also qualify if they meet the legal conditions.
Read also: HK Public Holidays 2026 | Info-Tech Hong Kong
When Can Employees Take Annual Leave In Hong Kong?
Annual leave is usually taken after the employee has completed the relevant 12-month service period. The leave should generally be taken within the following 12 months. The employer decides the timing after consulting the employee or the employee’s representative. The employer should also give at least 14 days’ written notice, unless both sides agree to a shorter notice period.
In real workplaces, this usually means HR should avoid last-minute leave instructions unless the employee agrees. It is also good practice to keep leave approvals, changes, and balances properly recorded.
Read also: Hong Kong Compensatory Leave: The Ultimate Guide
Can Annual Leave Be Split Into Separate Days?
Paid annual leave should normally be granted as one unbroken period. But the Employment Ordinance allows some flexibility if the employee requests it.
| Leave Entitlement | How It Can Be Split |
|---|---|
| Not more than 10 days | Up to 3 days may be taken separately. The rest should be consecutive. |
| More than 10 days | At least 7 days should be taken consecutively. |
This is useful for employees who do not want to take all their leave at once. Still, employers should be careful not to pressure employees into splitting leave in a way that defeats the purpose of rest.
Read also: Paid Sick Leave: Entitlement, Rules and Eligibility
How Is Annual Leave Pay Calculated In Hong Kong?
Annual leave pay is not simply guessed or paid at a random daily rate. The daily rate of annual leave pay is based on the employee’s average daily wages over the 12-month period before the annual leave day, or before the first day of annual leave if more than one consecutive day is taken. If the employee has worked for less than 12 months, the shorter period is used.
When calculating the average, employers should exclude periods where the employee was not paid wages or was not paid full wages, such as certain rest days, statutory holidays, annual leave, sickness days, maternity leave, paternity leave, sick leave, or leave agreed with the employer. The sums paid for those periods are also excluded.
Annual leave pay should be paid no later than the normal payday after the annual leave period.
Read also: What is Garden Leave in Hong Kong?
Can Employers Pay Money Instead of Giving Annual Leave?
Generally, employers should not replace annual leave with money. The Employment Ordinance does not allow a contract term that makes an employee give up annual leave, even if wages are offered in return.
There is one limited exception. An employee may choose to accept payment instead of taking the part of annual leave that exceeds 10 days. For example, if an employee is entitled to 12 days, the employee may take 10 days and accept payment for the remaining 2 days.
The important point is that this is not something the employer should force. The choice belongs to the employee.
Read also: Maternity Leave Rights Under Hong Kong Law
What Happens to Unused Annual Leave When Employment Ends?
If an employee leaves the company, unused statutory annual leave should be dealt with properly. Under the Employment Ordinance, an employee who has completed 3 months but less than 12 months of service in a leave year may be entitled to pro-rata annual leave pay when the employment contract is terminated, unless the employee is dismissed by summary dismissal.
For employers, this is where many payroll mistakes happen. Final payment should not only include salary up to the last working day. It may also need to include payment for accrued but untaken statutory annual leave.
Read also: Paternity Leave in Hong Kong: Everything You Need to Know
What If a Statutory Holiday or Rest Day Falls During Annual Leave?
In Hong Kong, annual leave, rest days, and statutory holidays should not be casually mixed up. If a rest day or statutory holiday falls within a period of annual leave, another rest day or holiday must be appointed.
For example, if an employee takes annual leave during a week that includes a statutory holiday, the employer should check whether a substitute holiday or rest day needs to be arranged. Otherwise, the employee may lose a day they were legally entitled to.
What Should Hong Kong Employers Check?
For employers and HR teams, annual leave compliance is easier when the basics are kept clean:
- Check whether the employee is under a continuous contract.
- Track years of service correctly.
- Keep statutory leave separate from extra contractual leave.
- Give written notice when arranging annual leave.
- Calculate annual leave pay using the correct average wage method.
- Pay unused annual leave correctly when employment ends.
- Do not force employees to exchange statutory annual leave for money.
Annual leave entitlement in Hong Kong looks simple at first, but mistakes often appear in the details: pro-rata leave, final pay, part-time staff, public holidays, and average wage calculation. A clear leave policy, proper HRMS software or payroll software, and regular payroll checks can help both employers and employees avoid disputes.
Annual Leave Hong Kong FAQs
How do I calculate my annual leave?
Calculate your annual leave by checking your completed years of service, matching it with the statutory leave days, and using your average daily wages to work out any annual leave pay.
How many days of annual leave do I get per year?
In Hong Kong, statutory annual leave starts at 7 days per year after the first 12-month service period and gradually increases with service, up to 14 days per year from the 9th year onwards.
How is annual leave pay calculated in Hong Kong?
In Hong Kong, annual leave pay is calculated based on the employee’s average daily wages over the 12 months before the annual leave day; if the employee has worked for less than 12 months, the shorter employment period is used. Periods where the employee was not paid or not fully paid are generally excluded from the calculation.
What are the rules for taking annual leave?
In Hong Kong, paid annual leave is usually taken after completing a 12-month service period; the employer decides the leave dates after consulting the employee and should give at least 14 days’ written notice, unless both sides agree to a shorter notice period. Annual leave can also be split, but part of the leave should normally be taken consecutively depending on the employee’s entitlement.
