- Domestic helpers must complete 12 months of continuous employment before becoming entitled to annual leave — starting at 7 days per year, increasing with service length to a maximum of 14 days.
- Unused annual leave cannot be forfeited — if a domestic helper's contract ends with leave outstanding, employers must pay a cash equivalent in lieu, or risk a legal dispute.
- Annual leave and home leave are legally distinct — home leave covers the return airfare obligation under the standard contract and cannot be used to offset statutory annual leave for a domestic helper.
- Early contract termination requires pro-rata leave calculation — errors in this calculation are a common source of employer-domestic helper disputes.
Annual leave is one of the topics we get asked about most at DuckDuckDay. Employers often aren't sure when their helper becomes entitled to leave, how to calculate it if a contract ends early, or whether the return airfare they provide counts as annual leave. These are genuinely confusing areas — but they're also avoidable disputes. This guide walks through everything clearly, in plain terms.
1. How Many Days of Annual Leave Is a Domestic Helper Entitled To?
Under Hong Kong's Employment Ordinance, a domestic helper is entitled to paid annual leave after completing 12 consecutive months of service. The number of days increases with years of service:
| Years of Service | Annual Leave Entitlement |
|---|---|
| Year 1–2 | 7 days |
| Year 3 | 8 days |
| Year 4 | 9 days |
| Year 5 | 10 days |
| Year 6 | 11 days |
| Year 7 | 12 days |
| Year 8 | 13 days |
| Year 9 or above | 14 days (maximum) |
The key point: entitlement kicks in only after a full 12-month service period. For a domestic helper on their first two-year contract, they become entitled to their first 7 days of annual leave only after completing the first year.
⚖️ Legal basis: Under Schedule 5 of the Hong Kong Employment Ordinance (Cap. 57), domestic helpers employed under a continuous contract accrue annual leave as follows:
• Year 1–2: 7 days · Year 3: 8 days · Year 4: 9 days · Year 5: 10 days
• Year 6: 11 days · Year 7: 12 days · Year 8: 13 days · Year 9+: 14 days
Source: HK Labour Department, Employment Ordinance Schedule 5
💡 In practice, many employers schedule annual leave around the time the helper returns home at contract renewal. This works — but make sure it's documented in writing and clearly marked as annual leave, not unpaid leave.
2. What Happens to Annual Leave If the Contract Ends Early?
If a domestic helper leaves before completing a full year, or if the contract is terminated early by either party, annual leave is calculated on a pro-rata basis.
How to Calculate Pro-Rata Leave
Divide the number of months worked by 12, then multiply by that year's leave entitlement. For example, a domestic helper who has worked 9 months into their second year (7 days entitlement) is owed:
9 ÷ 12 × 7 days = 5.25 days (typically rounded to the nearest whole day)
Payment in Lieu of Annual Leave
If your helper hasn't used all their annual leave by the time the contract ends, the employer must pay out the unused days in cash. "She didn't take the leave, so she doesn't get paid for it" is a common misconception — and a source of unnecessary disputes.
⚠️ Whether the domestic helper resigns or is dismissed without cause, unused annual leave must be paid out. Employers cannot withhold it. The only exception: if the helper is summarily dismissed for serious misconduct, different rules apply.
If Service Is Under 3 Months
A domestic helper who has served fewer than 3 months before termination is not entitled to annual leave pay. This is explicitly stated in the Employment Ordinance.
3. Does Annual Leave Include the Airfare? Annual Leave vs Home Leave
This is the question we hear most often. Many employers assume that when a domestic helper goes home at the end of a contract, the airfare counts as part of annual leave. It doesn't.
Annual Leave
Statutory paid leave under the Employment Ordinance. The number of days depends on years of service. The employer pays the domestic helper's full wages during leave. Airfare is not included. The helper may spend annual leave in Hong Kong if she chooses — she does not have to travel home.
Home Leave (Return Airfare)
A separate entitlement under the Standard Employment Contract for foreign domestic helpers. After completing each two-year contract, the employer is required to provide or reimburse the domestic helper's return airfare to her home country. This is entirely separate from annual leave — the employer pays the ticket, and the helper's wages continue during the trip.
💡 Simple way to remember: Annual leave = paid days off, employer pays wages but not airfare. Home leave = every two years, employer covers the return ticket, wages continue.
4. Common Employer Mistakes Around Domestic Helper Annual Leave
From the cases DuckDuckDay handles, these are the mistakes we see most frequently:
- Confusing rest days with annual leave: The weekly rest day (usually Sunday) is a statutory rest day — it cannot be used to offset annual leave days for a domestic helper. They are separate entitlements.
- Telling domestic helpers to take unpaid leave: "You don't need to come in, but I won't pay you" — this is a breach of the Employment Ordinance. Wages must be paid for any day the helper would normally work.
- No written record of leave taken: Without documentation, it becomes a he-said-she-said situation if a dispute arises later. A WhatsApp message confirming the dates is sufficient — just screenshot and save it.
- Assuming unused leave can roll over indefinitely: The law requires leave to be arranged within a reasonable time. Allowing a domestic helper's leave to accumulate indefinitely puts employers at risk of a backdated claim.
- Thinking "giving time off" replaces paying wages: Annual leave is paid leave. The domestic helper must receive her full wages whether or not she travels anywhere.
📊 DuckDuckDay Consultant Observations (2024–2025):
• ~45% of helpers prefer to take annual leave around Chinese New Year
• ~30% prefer leave around Eid al-Fitr (Indonesian helpers) or Christmas (Filipino helpers)
• Most common leave dispute: helper requests 2+ consecutive weeks off, conflicting with employer's care needs
• Written leave agreements at the start of employment reduce disputes by ~90%
Source: DuckDuckDay consultant case statistics (2024–2025, anonymised)
5. Practical Advice from an Agency Perspective
After matching domestic helpers with families, DuckDuckDay typically advises employers to do the following:
- Plan annual leave early — don't leave it to the last month: Ideally, agree on the following year's leave dates before the year ends. Confirm by WhatsApp and keep a screenshot.
- Keep a record of everything in writing: Leave approval, date changes, any payment arrangements — written records protect both parties.
- Understand your domestic helper's important dates: Knowing when Eid, Chinese New Year, or other significant dates fall in your helper's home country helps you plan ahead and reduces last-minute requests.
- Ask if you're unsure: Hong Kong's labour law isn't always intuitive. DuckDuckDay offers free WhatsApp consultations — if you're not sure about any domestic helper leave calculation, just ask.
Sai Wan Ho Family: Resolving an Annual Leave Dispute Without Conflict
Situation: A Sai Wan Ho family had a disagreement with their helper over annual leave — the helper wanted 10 consecutive days over Chinese New Year, while the employer needed coverage for a young child during that period.
Problem: Neither party was clear on what HK law says about when annual leave can be taken.
Resolution: DuckDuckDay's consultant clarified that under the Employment Ordinance, the timing of annual leave is to be agreed between both parties. The employer has reasonable grounds to limit leave during high-need periods (e.g. Chinese New Year childcare). Both parties agreed to split the leave: 5 days over CNY, 7 days in summer.
Outcome: Both parties satisfied. Contract renewed smoothly.
6. Frequently Asked Questions
Q: Can I pay the helper instead of letting her take annual leave?
Only in part. Under the Employment Ordinance, an employer can only pay a domestic helper in lieu of annual leave for the days that exceed 10. For helpers entitled to 10 days or fewer, the leave must actually be taken — the employer cannot unilaterally replace it with payment.
Q: Can unused annual leave carry over to the next year?
The law does not allow unlimited rollover. Annual leave should be scheduled within a reasonable timeframe each year. If an employer consistently fails to arrange leave, the domestic helper can claim payment for the unused days. The practical advice: clear leave each year, don't let it accumulate.
Q: Can the employer decide when the helper takes her annual leave?
Yes — the timing is ultimately determined by the employer, but there is a process. The employer must consult the domestic helper before setting the dates and give at least 14 days' written notice. Telling a helper the night before that she has a day off tomorrow is not compliant.
💡 DuckDuckDay's take: Handling annual leave properly is one of the simplest ways to build a stable, long-term working relationship with your domestic helper. When helpers feel their entitlements are respected, they stay longer and perform better — and you avoid unnecessary disputes.
Getting annual leave right isn't just about following the law — it's about managing your household smoothly. If you have any questions about domestic helper leave arrangements, or want to understand the full process of hiring a domestic helper in Hong Kong, feel free to reach out to DuckDuckDay directly.
💡 Want to calculate daily rates, pro-rata pay, or annual leave entitlement yourself? Try our free Helper Wage Calculator — instant results, no sign-up needed.