Statutory Holidays vs General Holidays in Hong Kong: An Employer's Guide
In brief
•"Statutory holidays" and "public holidays" are routinely treated as the same thing in Hong Kong, but they are governed by two separate laws and, in 2026, are not even the same number of days. This guide explains the distinction, who is entitled to time off and to holiday pay, the rules for working on a holiday, and the common mistakes employers make.
Statutory Holidays vs General Holidays in Hong Kong
Hong Kong recognises two distinct categories of holiday created by two different laws. Statutory holidays are set by the Employment Ordinance (Cap. 57) and are the legal minimum that every employee covered by the Ordinance is entitled to — 15 statutory holidays in 2026. General holidays — what most people call "public holidays", "bank holidays" or "red days" — are set by the General Holidays Ordinance (Cap. 149) and are the days banks, schools, government and public offices close — 17 general holidays in 2026. Every statutory holiday is also a general holiday, but not the other way around: in 2026 the two general holidays that are not statutory holidays are Good Friday and the day following Good Friday.
This is why many white-collar employees enjoy the full 17-day calendar by contract, while the labour-law floor for every employee sits at 15. The Employment Ordinance only obliges an employer to grant the statutory holidays; the more generous 17-day general-holiday calendar is a contractual benefit, not a legal minimum. Employers should decide which calendar they follow and state it clearly in employment contracts.
Statutory Holidays vs General Holidays
The Phased Increase to 17 Days (2022–2030)
Under the Employment (Amendment) Ordinance 2021, the number of statutory holidays is being increased in stages from the historic 12 up to 17 — one additional day every two years — until statutory holidays fully align with general holidays. From 2030 the two categories will be identical, so employers should refresh their leave calendar against the Labour Department's published list each year rather than relying on a fixed number.
•From 2022 — The Birthday of the Buddha added (total 13)
•From 2024 — The first weekday after Christmas Day added (total 14)
•From 2026 — Easter Monday added (total 15)
•From 2028 — Good Friday added (total 16)
•From 2030 — The day following Good Friday added (total 17)
Who Is Entitled — Time Off vs Holiday Pay
There are two separate questions: who gets the day off, and who gets paid for it.
The day off — everyone
Every employee covered by the Employment Ordinance is entitled to statutory holidays regardless of hours worked or length of service. This includes part-time employees and domestic helpers. A new or casual employee still gets the day off.
Holiday pay — three months' service
An employee is entitled to be paid for a statutory holiday only if they have been employed under a continuous contract for not less than three months immediately before the holiday. Since 18 January 2026, a continuous contract is defined by the "468" rule — employed by the same employer for four weeks or more, working either at least 17 hours a week or at least 68 hours over a 4-week period (this replaced the former "4-18" rule).
How holiday pay is calculated
Where holiday pay is due, it equals the average daily wages the employee earned in the 12-month period preceding the holiday, and must be paid no later than the day the employee is next paid wages after the statutory holiday.
Working on a Holiday, Rest-Day Clashes, and the No-Buy-Out Rule
Employers have limited options when a statutory holiday is inconvenient — and one option is firmly off the table.
No buy-out
An employer must not make any payment in lieu of granting a statutory holiday — paying an employee extra to work straight through the day is not permitted. This applies whether or not the employee qualifies for holiday pay. The lawful way to handle a holiday the employee works is to grant an alternative or substituted holiday, not a cash payment; cash settlement of holiday entitlements only arises when employment ends.
If a statutory holiday falls on a rest day
The employee does not lose it. The employer must grant a holiday on the next day that is not already a statutory holiday, an alternative holiday, a substituted holiday or a rest day.
If the employer requires work on the holiday
This is allowed, but the employer must arrange an alternative ("replacement") holiday on a day within 60 days before or after the statutory holiday, and must give the employee at least 48 hours' prior notice of the chosen day.
Substituted holiday by agreement
Where both sides prefer a different date, a substituted holiday may be taken on any day within 30 days before or after the statutory or alternative holiday, by agreement between employer and employee.
The 15 Statutory Holidays for 2026
The statutory holidays for 2026 are listed below. For holiday 14, the employer chooses either the Chinese Winter Solstice Festival or Christmas Day — not both as statutory holidays.
Statutory holidays for 2026
| # | Statutory holiday | Date |
|---|---|---|
| 1 | The first day of January | 1 January |
| 2 | Lunar New Year's Day | 17 February |
| 3 | The second day of Lunar New Year | 18 February |
| 4 | The third day of Lunar New Year | 19 February |
| 5 | Ching Ming Festival | 5 April |
| 6 | Easter Monday (new from 2026) | 6 April |
| 7 | Labour Day | 1 May |
| 8 | The Birthday of the Buddha | 24 May |
| 9 | Tuen Ng Festival | 19 June |
| 10 | HKSAR Establishment Day | 1 July |
| 11 | The day following the Chinese Mid-Autumn Festival | 26 September |
| 12 | National Day | 1 October |
| 13 | Chung Yeung Festival | 18 October |
| 14 | Winter Solstice or Christmas Day (employer's option) | 22 or 25 December |
| 15 | The first weekday after Christmas Day | 26 December |
Failing to grant statutory holidays or holiday pay, or attempting an illegal buy-out, is an offence under the Employment Ordinance and exposes the employer to a fine on conviction — separate from any wage claims that follow.
Build Your Leave Calendar on the Right Foundation
The statutory-versus-general holiday distinction drives real obligations: which days off you must grant, who must be paid, and what you can never do (buy out a holiday). With statutory holidays rising to 17 by 2030, the safest approach is to set your annual leave calendar against the Labour Department's published statutory holiday list, decide explicitly whether you follow the 15-day statutory minimum or the 17-day general-holiday calendar, and write that choice into your employment contracts. If you would like help reviewing your holiday policy or aligning your contracts with the latest requirements, our team is here to help.
Frequently Asked Questions
No. Statutory holidays are set by the Employment Ordinance and are the legal minimum for all employees — 15 days in 2026. "Public holidays" usually means general holidays under the General Holidays Ordinance — 17 days in 2026 — which banks, schools and many offices observe. Every statutory holiday is also a general holiday, but in 2026 two general holidays (Good Friday and the day following Good Friday) are not yet statutory holidays.
There are 15 statutory holidays in 2026. The number is being increased in stages from 12 to 17 under the Employment (Amendment) Ordinance 2021 — one extra day every two years. Easter Monday was added from 2026 (making 15); Good Friday follows from 2028 (16), and the day following Good Friday from 2030 (17), at which point statutory and general holidays will be identical.
Yes. Every employee covered by the Employment Ordinance is entitled to statutory holidays regardless of how many hours they work or how long they have been employed. Whether they are entitled to be paid for the holiday is a separate question — that requires three months' continuous service.
An employee qualifies for holiday pay if they have been employed under a continuous contract for not less than three months immediately before the statutory holiday. Holiday pay equals the average daily wages earned in the 12 months before the holiday and must be paid no later than the day the employee is next paid wages after the holiday. Employees who do not yet meet the three-month threshold still get the day off, just unpaid.
No. "Buying out" a statutory holiday is prohibited — an employer must not make any payment in lieu of granting the holiday. If you need an employee to work on a statutory holiday, you must instead arrange an alternative holiday within 60 days before or after, with at least 48 hours' notice. Cash settlement of holiday entitlements only arises when employment ends.
The employee does not lose the holiday. The employer must grant a holiday on the next day that is not already a statutory holiday, an alternative holiday, a substituted holiday or a rest day.
The information provided in this article is for general informational purposes only and does not constitute legal, tax, or accounting advice. Employment laws and holiday entitlements are subject to change. Please consult a qualified professional before making any decisions based on this content.
