Just as foreign domestic helpers (FDH) have the right to accommodation, food, and wages, they are also entitled to rest days, holidays, and leave, in accordance with the Employment Ordinance (EO) of Hong Kong.
These rights, and how they are implemented, are discussed in the “Handbook for Foreign Domestic Helpers,” which is published by the Hong Kong Labour Department. To avoid any wage or leave disputes, keeping a record of paid wages, rest days, and leave is highly recommended.
Rest Days
FDHs are entitled to not less than one rest day every seven days, with one “rest day” being a period of not less than 24 hours. FDHs shall not be required to work on a rest day, except for unforeseen emergencies.
That being said, for any rest day where an FDH is required to work, the employer shall appoint another rest day within 30 days of the original rest day. Both parties shall agree on the schedule of alternative rest days.
Statutory Holidays
All FDHs are entitled to statutory holidays, regardless of his/her length of service. If a statutory holiday falls on a rest day, the employer shall appoint another rest day which does not fall on a holiday.
In the event that an employer is not able to allow an FDH to take leave during a statutory holiday, the FDH must be given prior notice not less than 48 hours before the holiday. Likewise, the FDH must be given an alternative holiday within 60 days of the original holiday.
Moreover, employers cannot replace statutory holidays with payment instead of giving FDHs the day off. Additionally, FDHs who have been working for at least three months are entitled to paid statutory holidays.
For reference, here is a list of the statutory holidays in Hong Kong each year: New Year’s Day, Lunar New Year, Ching Ming Festival, Easter Monday, Labour Day, Buddha’s Birthday, Tuen Ng Festival, Hong Kong SAR Establishment Day, Mid-Autumn Festival, National Day, Chung Yeung Festival, Winter Solstice or Christmas, and the first weekday after Christmas Day.
Paid Annual Leave
FDHs who have been working for at least 12 months are entitled to paid annual leave. The exact number of leave days depends on their length of service, as follows:
- 1 year of service – 7 days paid annual leave
- 2 years of service – 7 days paid annual leave
- 3 years of service – 8 days paid annual leave
- 4 years of service – 9 days paid annual leave
- 5 years of service – 10 days paid annual leave
- 6 years of service – 11 days paid annual leave
- 7 years of service – 12 days paid annual leave
- 8 years of service – 13 days paid annual leave
- 9+ years of service – 14 days paid annual leave
Rest days or statutory holidays that fall within the period of annual leave will be counted as annual leave, which means that another rest day or holiday must be given to the FDH.
As for payment, the annual leave pay shall be given to the FDH not later than the usual pay day after the annual leave is taken.
Sick Leave
With regard to sick leave, the FDH is entitled to paid sickness allowance under the following circumstances:
- The sick leave taken is not less than four consecutive days;
- The sick leave is supported by a valid medical certificate; and
- The FDH has accumulated enough number of paid sickness days.
NOTE: Sickness allowance is equal to four-fifths of the FDH’s average daily wage, to be given not later than the usual pay day. During the first 12 months of employment, the FDH is entitled to two paid sickness days for each completed month. Meanwhile, for longer employment periods (more than 12 months), the FDH shall be given four paid sickness days per completed month.
Maternity Leave
A female FDH is entitled to a 14-week, continuous maternity leave under these conditions:
- She has given notice of pregnancy and intention to take maternity leave;
- She has been employed for not less than 40 weeks before the start of her scheduled maternity leave; and
- She has presented a medical certificate indicating the expected date of confinement.
NOTE: The daily rate of maternity leave pay is equal to four-fifths of the FDHs’ average daily wage, to be given on her usual pay day.
Paternity Leave
Correspondingly, a male FDH who is a father-to-be or the father of a newborn child is entitled to a five-day paternity leave for each confinement of his spouse or partner, provided that:
- He has given notice of his intention to take paternity leave;
- He has been employed for not less than 40 weeks before the start of the paternity leave; and
- He has presented the required document within 12 months after the first day of paternity leave taken.
NOTE: The daily rate of paternity leave pay is equal to four-fifths of the FDHs’ average daily wage.
Fines and Penalties
Failure to follow any of the above conditions would make the employer liable to prosecution and a fine upon conviction.
Upon conviction, a maximum fine of HK$ 50,000 awaits an employer who, without reasonable excuse:
- Forces an FDH to work on a rest day;
- Fails to give rest days to an FDH;
- Fails to give statutory holidays or alternative days, or fails to pay holiday pay to an FDH;
- Fails to give annual leave or annual leave pay to an FDH;
- Fails to pay sickness allowance to an FDH;
- Fails to give maternity leave or maternity leave pay to an FDH; and
- Fails to give paternity leave or paternity leave pay to an FDH.
Meanwhile, except in cases of summary dismissal due to an FDH’s serious misconduct, a maximum fine of HK$ 100,000 awaits an employer who:
- Dismisses an FDH who is on paid sick leave; and
- Dismisses a pregnant FDH from the date on which she is confirmed pregnant to the date on which she is supposed to return to work.
Every employer and domestic helper in Hong Kong should know and understand these rights. For more information, click here to read “A Concise Guide to the Employment Ordinance, ” published by the Hong Kong Labour Department.
Speaking of rights, it must be emphasized that FDHs are entitled to proper and timely wage. Recently, the Hong Kong government raised their minimum wage to HK$ 5,220 per month. Check out this news article for more details.