Why Annual Leave Is Important?

According to Employment Ordinance, for employee fulfilling the requirement of the continuous contract of employment (418), the employee should be entitled to enjoy a certain number of paid annual leaves.

How Many Paid Annual Leave My Staff Entitles?


Years of Service Annual Leave Entitlements
1 7
2 7
3 8
4 9
5 10
6 11
7 12
8 13
9 or above 14

How Should Employee Arrange His/Her Annual Leaves?

The employer has the final say on the actual date the annual leave taken.

However, according to Employment Ordinance, if the number of annual leave entitled is 10 days or less and if the employee wishes to do so, up to 3 days can be granted separately but the rest should be granted consecutively. If the number of annual leave entitled is more than 10 days, then the employee may request a consecutive leaves of at least 7 days.

Nevertheless, in practice, most companies allow employees to arrange their paid annual leave in a flexible manner.

How much Salary/Wage is to be Payable during Annual Leave?

Before talking about the payment during annual leave, it should be clarified that the employee is allowed to accept payment in lieu of annual leave not taken, only for the number of days exceeding the first 10-day of the entitlement.

The daily payment of annual leave pay should be at least the average daily wages (ADW) earned by an employee in the preceding 12-month period. Please refer to the further explanation in ADW.


Reference:

Explanation on annual leaves by labour department:
http://www.labour.gov.hk/eng/faq/cap57i_whole.htm

The concise guide published by labour department for more details on paid annual leave:
http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/04.pdf