Rest day & holiday plain-English map

Problem

Live-in helpers share your home. Families blur “day off” with “still help a bit.” Rest days, statutory holidays, and annual leave are separate legal entitlements. Mixing them or paying cash instead of granting a statutory holiday is how Labour Department complaints start.

Steps

1. Know the three buckets. Under the Employment Ordinance (and Clause 6 of the Standard Employment Contract ID 407), FDHs get: (1) rest days, (2) statutory holidays, and (3) paid annual leave. They are not interchangeable. Verified — LD FDH FAQ Q4 / Practical Guide Ch.4.
2. Rest day: at least one in every 7 days. A rest day is a continuous period of not less than 24 hours. You appoint it — regular (e.g. every Sunday) or irregular. If irregular, tell the helper the appointed days before the month begins. Verified — LD Practical Guide Q4.2; EO FAQ Cap.57e; Employer Corner.
3. Do not compel work on a rest day. Except in an unforeseen emergency, you must not require the helper to work on a rest day. Compelling rest-day work can mean prosecution and, on conviction, a maximum fine of HK$50,000. In an emergency, grant a substitute rest day within 30 days after the original day and notify the helper of that arrangement within 48 hours after they were required to work. Verified — LD FDH handbook / Practical Guide Q4.3.
4. Substitute by agreement is allowed. With the helper’s consent, you may move a rest day to another day in the same month before the original rest day, or within 30 days after it. Verified — LD Practical Guide Q4.3.
5. Voluntary work on a rest day is the helper’s choice. You must not compel duties (including “just tidy a bit” after they come home). The helper may work voluntarily. Whether rest days themselves are with pay or without pay is a term agreed between employer and employee under the EO. Verified — LD Practical Guide Q4.4; EO FAQ Cap.57e Q2–Q3. Unverified — any specific “extra / double pay” rate for voluntary rest-day work (LD FDH pages we cite do not prescribe a statutory premium figure).
6. Rest days are in addition to statutory holidays. You cannot make a rest day “count as” a statutory holiday. If a statutory holiday 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. Verified — EO FAQ Cap.57e Q4; Cap.57f Q6; LD FDH handbook.
7. Statutory holidays — everyone, every year. An FDH is entitled to statutory holidays irrespective of length of service. From 2026 the EO list includes Easter Monday; LD Employer Corner states employers must grant a total of 15 statutory holidays in a year (check the live LD list for the current calendar). Holiday pay applies if employed continuously for not less than 3 months immediately before that holiday. Verified — EO FAQ Cap.57f; LD Practical Guide Q4.5; Employer Corner.
8. Need work on a statutory holiday? Give at least 48 hours’ prior notice and arrange an alternative holiday within 60 days before or after the statutory holiday. You must not make any payment in lieu of granting the holiday (“buy-out”). Breach can mean prosecution and a maximum fine of HK$50,000. Verified — LD FDH FAQ Q33; EO FAQ Cap.57f Q4–Q5; Practical Guide Q4.6–Q4.7.
9. Paid annual leave is separate. After every 12 months with the same employer: 7 days in years 1–2, then +1 day per year up to 14 days (year 9+). Timing is appointed by you after consultation, with written notice at least 14 days ahead (unless a shorter period is agreed). A rest day or statutory holiday falling inside annual leave is counted as annual leave — appoint another rest day or holiday. Verified — LD Practical Guide Q4.9–Q4.11; EO FAQ Cap.57i.
10. Live-in does not cancel rest days. Under the SEC the helper must work and reside at your specified residence; you provide free accommodation with reasonable privacy. That live-in rule does not let you treat rest days as half-duty days at home. Keep leave and payment records. Verified — LD FDH FAQ Q3–Q4; FDH Corner; Practical Guide on leave records.

Keep this map handy

• Rest day appointed (≥1 per 7 days, ≥24 continuous hours)
• Irregular rest days notified before each month
• No compelled rest-day work (emergency → substitute + notice rules)
• Statutory holidays granted — never cash buy-out
• Work on SH → ≥48h notice + alternative within 60 days
• SH on rest day → next eligible day off
• Annual leave tracked separately (7→14 days by service)
• Leave / payment records kept

Sources

• Verified — LD FDH FAQ (leave types; statutory holiday buy-out Q33; live-in Q3)
• Verified — Practical Guide for Employment of FDHs (Ch.4 rest days, holidays, annual leave)
• Verified — Be Prepared for Employment in Hong Kong — FDH handbook (§4.3 rest days / SH)
• Verified — LD EO FAQ — Rest days
• Verified — LD EO FAQ — Statutory holidays
• Verified — LD EO FAQ — Annual leave
• Verified — FDH Employer Corner (rest days / 15 SH / annual leave summary)
• Verified — LD leaflet — Rest days / SH / annual leave

FAQ