What is compassionate leave?

How does compassionate leave work in Hong Kong?

Unlike some jurisdictions, compassionate leave is not a statutory entitlement under the Employment Ordinance. Instead, it is typically offered as a discretionary benefit by employers as part of their employee welfare policies. This means the availability, duration and payment of compassionate leave varies from company to company.

Many Hong Kong employers choose to offer compassionate leave as part of their benefits package to support employees during emotionally challenging times. It allows employees to attend to urgent family and personal matters, such as the death or serious illness of a family member, without having to worry about work.

Whilst there is no legal requirement, many companies provide between one to three days of compassionate leave for each qualifying instance. Employees should check their employment contract or company handbook to understand their specific entitlements, or contact their HR department.

When can compassionate leave be taken?

Compassionate leave can typically be taken in a few circumstances, including:

• Bereavement: If a family member has passed away, employees may be eligible to take compassionate leave.
• Serious illness: If a family member experiences serious illness, an employee may be eligible to take compassionate leave.
• Other emergencies: If a family member is taken ill or rushed into care without warning, then an employee may be eligible to take compassionate leave.

It's also important to note that compassionate leave is usually only available if the emergency involves an immediate family member or a family member who lives in their household.

Whilst policies vary, an employee's immediate family typically includes their:

• Spouse or former spouse
• Partner or former partner
• Child
• Parent
• Grandparent
• Grandchild
• Sibling

Some employers also extend compassionate leave to cover emergencies involving:

• The immediate family of the employee's spouse or partner
• Step-relations, like a step-child
• Adoptive relations

How much compassionate leave is available?

The amount of compassionate leave available to employees depends on their employer's policy. Since compassionate leave is not mandated by the Labour Department, there is no standard entitlement across Hong Kong workplaces.

Common practices include:

• Full-time and part-time employees: Many employers provide between one to three days of compassionate leave for each eligible occasion (such as the death of a family member). Some progressive companies may offer more generous allowances.
• Casual employees: Casual employees may be offered unpaid compassionate leave, though this is at the employer's discretion.

Sometimes, employers may offer additional compassionate leave beyond their standard policy. To check this, employees should speak to their employer or look at their contract. They may be able to use other types of leave, like annual leave or unpaid leave, depending on their circumstances.

Employees can typically take compassionate leave in the way that works best for them, including:

• A single continuous period
• Separate individual days
• Any arrangement that their employer agrees to

Is compassionate leave paid?

Whether compassionate leave is paid depends entirely on the employer's policy. Many Hong Kong companies offer paid compassionate leave to full-time and part-time employees as part of their employee benefits package. When paid, it's typically paid at the base pay rate and covers the normal hours that the employee would have worked.

Some employers may only offer unpaid compassionate leave, whilst others may have different policies for different employee categories. Employees should check their employment contract or speak with HR to understand their specific entitlements.

Compassionate leave typically doesn't cover separate types of entitlements like bonuses, allowances, overtime or penalty rates.

Is compassionate leave the same as sick leave?

Compassionate leave is different from statutory sick leave or other types of personal leave. Unlike statutory sick leave, which accumulates based on length of service under the Employment Ordinance, compassionate leave is typically a separate, discretionary benefit that doesn't accumulate over time.

Sick leave is used when an employee is ill or injured and unable to work. Compassionate leave, on the other hand, is specifically for dealing with family emergencies or bereavement. The key difference is the purpose and nature of the leave.

It's also important to note that taking compassionate leave does not decrease an employee's statutory sick leave entitlement.