Christmas, Winter Solstice & New Year holidays for FDH employers

Problem

Families treat Christmas week as “she’ll still help a bit.” Under the EO, statutory holidays are separate from rest days. In 2026 the employer chooses Winter Solstice (22 Dec) OR Christmas Day (25 Dec); the first weekday after Christmas (26 Dec) is also a statutory holiday. New Year’s Day (1 Jan) is next. Mixing rest days with SH or paying cash instead of granting the day is how LD complaints start.

Steps

1. Know the 2026 year-end statutory holidays. LD list for 2026: (14) Chinese Winter Solstice Festival or Christmas Day at the option of the employer — 22 December or 25 December 2026; (15) the first weekday after Christmas Day — 26 December 2026. The first day of January (1 January) is also a statutory holiday every year (for 2027 planning when this page is read late 2026). Total SH in 2026 = 15 (Easter Monday added from 2026). Verified — LD statutory holidays 2026; EO FAQ Cap.57f.
2. Choose Winter Solstice OR Christmas Day early and tell the helper in writing. The EO gives the employer the option between Winter Solstice and Christmas Day — you grant one of those two as the statutory holiday, not both as SH from that single slot. Write the choice down (WhatsApp/email/note) and tell the helper before December. Verified — LD SH 2026 list (option of employer); EO FAQ Cap.57f A1 item 14. Likely — written notice as good practice (not a named statutory form).
3. Do not buy out the holiday. Payment in lieu of granting a statutory holiday is prohibited. Breach can mean prosecution and a maximum fine of HK$50,000. Verified — EO FAQ Cap.57f Q5; LD FDH FAQ Q33.
4. Need work on an SH? Give at least 48 hours’ prior notice and arrange an alternative holiday within 60 days before or after that SH. With agreement, a substitute holiday within 30 days of the SH or alternative is also allowed — keep records. Verified — EO FAQ Cap.57f Q4; LD FDH FAQ Q33.
5. If the SH falls on a rest day. Grant a holiday on the following day that is not itself a statutory holiday, alternative/substituted holiday, or rest day. Rest days and SH are not interchangeable. Verified — EO FAQ Cap.57f Q6; LD SH 2026 page note.
6. Holiday pay after 3 months’ continuous employment. An employee under a continuous contract for not less than 3 months immediately before the SH is entitled to holiday pay (average daily wages rules). Pay by the next wage day after the holiday. All employees get the holiday itself irrespective of length of service. Verified — EO FAQ Cap.57f Q1–Q3; LD SH 2026 page.
7. Rest days still run in the same week. Appointed rest days (≥1 per 7 days, ≥24 continuous hours) stay separate. Do not compel rest-day work except unforeseen emergency with EO substitute rules. Related: Rest day & holiday map. Verified — LD Practical Guide / rest-day rules (same as existing rest-day page).
8. Plan coverage before December. Decide SH choice, any alternative holidays for work-on-SH, and who covers childcare/eldercare if the helper is off. Live-in does not cancel SH. Likely — household coverage plan as good practice.
9. Keep leave and payment records. LD expects employers to keep leave/payment records to avoid disputes. Verified — LD FDH FAQ Q4.
10. Related maps. Rest day & holiday map · Annual renewal calendar · Contract finish, renewal & notice · Who to call LD / ImmD / police.

Year-end holiday checklist

• SH choice (22 vs 25 Dec) written + told to helper
• 26 Dec planned
• 1 Jan planned
• No cash buy-out
• Work-on-SH → 48h notice + alt within 60 days
• SH-on-rest-day → next eligible day
• Holiday pay if ≥3 months continuous
• Rest days still appointed
• Leave/payment records kept
• Related maps bookmarked

Sources

• Verified — Labour Department — Statutory Holidays for 2026 (checked 28 Oct 2026)
• Verified — LD EO FAQ — Statutory holidays
• Verified — LD FDH FAQ (Q4 leave types; Q33 buy-out)
• Verified — Practical Guide for Employment of FDHs (leave)
• Related: Rest day & holiday map · Annual renewal calendar · Contract finish, renewal & notice · Contract End planner

FAQ