Leave policy in China

China is one of the world’s largest labor markets. Many companies come here to hire skilled professionals and grow their teams.

If you’re hiring in China, having an idea about the local employment laws is essential. One important area is the leave policy in China, which defines the time off employees are legally entitled to.

Chinese labor law covers several types of statutory leave. Like annual leave, sick leave, maternity leave, and paternity leave. Together, they shape how paid time off in China is structured across the year.

These leave entitlements in China directly impact payroll, workforce planning, and your yearly holiday calendar. Most rules apply nationwide, but some may vary by province.

This blog breaks down how leave policies in China work under current labour regulations.

Vacation/annual leave in China

Employees become eligible for annual leave in China once they have completed one full year of cumulative work experience. 

The number of leave days granted depends on an employee’s total years of service across both current and previous employers.

These include:

Public holidays in China

Employees get 28 public holidays in China. These are set by the national government and apply to employees across the country. 

These holidays form part of statutory leave and represent mandatory paid time off for eligible employees. 

During public holidays, employees are generally entitled to paid leave in accordance with labour regulations.

The public holidays in China are as follows:

• New Year’s Day (1 day)
• Spring Festival (8 days)
• Qingming Festival (3 days)
• Labor Day (5 days)
• Dragon Boat Festival (3 days)
• National Day and Mid-Autumn Festival (8 days)

Sick leave in China

Sick leave in China can last between 3 and 24 months, depending on the employee’s years of service. During this period, employees receive 60% to 100% of their salary.

Employers cannot terminate an employee who is on sick leave or recovering from a non-work-related injury. 

The length of this protection depends on the employee’s total work experience and time with the current employer.

Medical treatment period

If the employee has less than 10 years of total work experience:

• Service under 5 years: 3 months
• Service over 5 years: 6 months

For more than 10 years:

• Service under 5 years: 6 months
• Service 5 to 10 years: 9 months
• Service 10 to 15 years: 12 months
• Service 15 to 20 years: 18 months
• Service over 20 years: 24 months

Sick leave pay during medical treatment 

If absence is under 6 months:

• Service under 2 years: 60% pay
• Service 2 to 4 years: 70% pay
• Service 4 to 6 years: 80% pay
• Service 6 to 8 years: 90% pay
• Service 8+ years: 100% pay

If absence is over 6 months:

• Service under 1 year: 40% pay
• Service 1 to 3 years: 50% pay
• Service 3+ years: 60% pay

Maternity leave in China

Maternity leave in China allows female employees 98 days of paid time off for childbirth and recovery. 

Key provisions include:

• Minimum leave duration:  at least 98 days of maternity leave.
  
• Pre-natal leave: up to 15 days may be taken before the expected delivery date. (As per Article 62 of the labor law)
  
• Maternity insurance: Employees in China can enroll in the national maternity insurance scheme. Once enrolled, their maternity allowance is paid by the social security agency. The employer does not pay their salary directly during this period.

Additional maternity leave

Employees may receive extra maternity leave depending on the rules of each province; for example, Fujian offers an additional 60 to 82 days. 

Maternity leave can also be extended by 15 days in special situations, such as a difficult delivery, and parents who have multiple births can add 15 extra days for each additional child. 

In cases of pregnancy loss, the leave depends on how far along the pregnancy was. If the loss happens

• Before 4 months: 15 days 
• After 4 months: 42 days

These provisions form part of statutory leave in China and help employees receive financial support during childbirth.

Paternity leave in China

There is no paternity leave in China as per the national law. Instead, each province or municipality sets its own rules. This means the duration and eligibility criteria vary by region.

Employers hiring in China should check local regulations alongside national leave laws to determine paternity leave entitlements.

Other types of leave in China

In addition to annual leave, sick leave, and parental leave provisions, several other forms of statutory leave in China may apply depending on the situation. 

Some of these leave entitlements are recognised nationwide, while others are governed by local regulations.

Childcare leave

Currently, there is no unified national parental leave policy in China. Childcare leave provisions are usually determined by provincial or municipal family planning regulations.

Funeral leave

Employees are generally entitled to at least 3 days of paid leave following the death of an immediate family member. Although there is no unified national law, this leave is typically granted at the employee’s regular salary.

Wedding leave

Employees are usually entitled to at least 3 days of paid marriage leave. Some provinces provide additional leave days depending on local regulations.

Parental care leave

Certain provinces allow employees to take 10 to 20 days of fully paid leave each year to care for elderly or sick parents, subject to local eligibility requirements.

Explore Payoneer Workforce Management in China

Expanding into China means navigating unfamiliar employment rules. Managing leave laws in China, payroll, and statutory leave requirements can get complex quickly.

Payoneer Workforce Management helps simplify this process. It helps by supporting international hiring, local compliance, and workforce administration. This allows businesses to focus on growing their teams while our unified platform helps manage the operational side of global employment.

Book a Payoneer Workforce Management demo today!

FAQs

1. How much annual leave do employees get in China?

Annual leave depends on how many years an employee has worked. 

Employees with 1 to 10 years of experience receive 5 days of leave. Those with 10 to 20 years receive 10 days. Employees with more than 20 years of service receive 15 days of annual leave.

2. Is sick leave paid in China?

Yes. Employees on sick leave usually receive part of their salary. The amount often ranges from 60% to 100%, depending on their years of service and local rules.

3. How long is maternity leave in China?

Female employees receive at least 98 days of maternity leave. 

They can start the leave up to 15 days before the expected birth. Some provinces allow additional leave beyond the national minimum.

4. What is the leave policy in China?

The leave policy in China is governed by national regulations and local provisions. This grants paid annual leave based on years of service, 28 public holidays, maternity leave, paternity leave, and other statutory leave.

5. Is maternity leave paid leave according to the leave policy in China?

Yes, female employees in China receive at least 98 days of paid maternity leave when they have a child. They can even start this paid leave period up to 15 days before the expected delivery date if need be.