Paid annual leave & home leave for FDH employers

Problem

Families treat year-end travel as “she can take unpaid leave while we’re abroad,” or they pay cash instead of granting annual leave, or they assume Clause 13 home vacation “uses up” EO annual leave. Under the Employment Ordinance and the Standard Employment Contract (SEC), paid annual leave, rest days, statutory holidays, and renewal home/vacation leave are separate. Mixing them — or forcing unpaid leave — is how Labour Department complaints start.

Steps

1. Know the three leave buckets. FDHs get rest days + statutory holidays + paid annual leave under the EO / SEC Clause 6. That paid annual leave is separate from Clause 13 renewal home/vacation leave. Do not treat rest days or SH as annual leave. Verified — LD FDH FAQ Q4; Practical Guide Ch.4. Related: Rest day & holiday map · Christmas & New Year holidays.
2. Count paid annual leave days by completed year of service. Paid annual leave accrues after every 12 months with the same employer. Days: year 1 = 7, year 2 = 7, year 3 = 8, year 4 = 9, year 5 = 10, year 6 = 11, year 7 = 12, year 8 = 13, year 9+ = 14. Verified — Cap.57i Q1; LD Practical Guide Q4.9.
3. Appoint the leave period after consultation. The employer appoints the timing after consulting the employee. Give written notice at least 14 days ahead unless a shorter period is mutually agreed. Leave must be taken within the following 12 months after the leave year ends. Verified — Cap.57i Q2; Practical Guide Q4.10.
4. Default is one unbroken period. If the employee requests a split: entitlement ≤10 days → up to 3 days may be taken separately, the rest consecutive; entitlement >10 days → at least 7 consecutive days. Verified — Cap.57i Q3.
5. Rest day or statutory holiday inside annual leave counts as annual leave. The employer must appoint another rest day or holiday for that clash. Verified — Cap.57i / Practical Guide Q4.11.
6. Do not buy out all annual leave. The employer must not contract to forego annual leave or pay wages in lieu of all leave. The employee may choose payment in lieu only for days exceeding 10. Verified — Cap.57i Q4.
7. Pay annual leave correctly and on time. Annual leave pay = average daily wages (12-month rules). Pay not later than the normal pay day after the leave period. Failure to grant leave or pay without reasonable excuse can mean prosecution — maximum fine HK$50,000. Verified — Cap.57i Q5; EO at a Glance / Practical Guide.
8. On termination (other than summary dismissal for serious misconduct). Pay in lieu of untaken annual leave for completed 12-month blocks; plus pro-rata annual leave pay if the helper has served 3 but <12 months in the current leave year. Verified — FDH FAQ Q12; Practical Guide Q4.14. Related: Contract finish, renewal & notice · Contract End planner.
9. Clause 13 renewal home/vacation leave is separate. On renewal, before the new contract starts, the FDH returns to place of origin at the employer’s expense for paid or unpaid vacation of at least 7 days (paid vs unpaid = whatever the parties agreed in the contract), unless the ImmD Director approved an extension of stay in Hong Kong. This does not use up EO paid annual leave. Verified — FDH FAQ Q4; Practical Guide Q4.12. Related: Annual renewal calendar.
10. Do not unilaterally force unpaid leave when you go abroad. Unpaid leave needs mutual consent. Verified — Practical Guide Q4.13.
11. Do not assign work during annual leave. No “clean before you leave” / “do the dishes after you return” as leave work. Keep leave and payment records. Verified — FDH handbook / Practical Guide leave chapters; FDH FAQ Q4.
12. Medical cover while the helper is outside HK. Free medical under the SEC generally does not cover the period when the helper leaves Hong Kong of her own volition for personal purposes (e.g. home leave). Verified — Practical Guide Q5.1 (revised SEC note).
13. Live-in still applies while on leave in Hong Kong. If the helper stays in HK during annual leave, the live-in requirement still applies. Verified — Handy Guide / Practical Guide live-in notes.
14. Related maps. Rest day & holiday map · Christmas & New Year holidays · Contract finish, renewal & notice · Annual renewal calendar · Contract End planner · Who to call LD / ImmD / police.

Annual leave & home leave checklist

• EO annual leave days counted by completed service year (7→14)
• Leave timing appointed after consultation; ≥14 days’ written notice (or shorter if agreed)
• Leave taken within the following 12 months
• Unbroken period by default; split only per Cap.57i rules if employee requests
• Rest day / SH inside AL → appoint another day
• No full buy-out; pay-in-lieu only for days exceeding 10 (employee choice)
• AL pay = average daily wages; pay by next normal pay day after leave
• Termination: untaken AL for completed years + pro-rata if 3–<12 months current year
• Clause 13 renewal vacation tracked separately (≥7 days; paid/unpaid as agreed)
• No forced unpaid leave when employer travels
• No work assigned during leave; leave/payment records kept
• Medical gap noted if helper leaves HK of own volition
• Related maps bookmarked

Sources

• Verified — LD FDH FAQ (Q4 leave types / Clause 13; Q12 termination) (checked ~30 Oct 2026)
• Verified — LD EO FAQ — Annual leave (Cap.57i)
• Verified — Practical Guide for Employment of FDHs (Ch.4 leave; Q4.9–Q4.14; Q5.1 medical)
• Related: Rest day & holiday map · Christmas & New Year holidays · Contract finish, renewal & notice · Annual renewal calendar · Contract End planner · Who to call LD / ImmD / police

FAQ