Leave Policy in China (Mainland)
Discover and manage China’s holidays and leave types with Gloroots, efficiently handling annual leave, holiday requests, and employee leave
China's leave framework combines national statutes with provincial regulations that vary significantly by region. Employers hiring in China (Mainland) must track obligations at both levels simultaneously.
- Annual leave is tiered at 5, 10, or 15 days based on cumulative career years across all employers, not just the current one.
- The sick leave medical treatment period ranges from 3 to 24 months depending on total work experience and current employer tenure.
- Maternity leave starts at 98 days nationally and reaches up to 190 days in provinces such as Henan and Hainan.
- Paternity leave ranges from 7 to 30 days depending on province, with no single national standard.
- Employers who fail to arrange unused annual leave owe 300% of the employee's daily wage for each unused day.
- Breastfeeding breaks of one hour per day until the child turns one year old are a distinct statutory obligation, not discretionary policy.
- Provincial variation affects paternity, parental, marriage, and eldercare leave simultaneously, requiring province-level compliance tracking.
Leave Policy at a Glance
| Leave Type | Entitlement | Mandatory | Notes |
|---|---|---|---|
| Annual Leave | 5, 10, or 15 days (tiered by cumulative years across all employers) | Yes | Prorated in first year of employment |
| Annual Leave Compensation | 300% daily wage for each unused day | Yes | Applies if employer fails to arrange leave |
| Public Holidays | 11 statutory days across 7 holidays | Yes | Adjusted working days may apply around Golden Weeks |
| Sick Leave | 3 to 24 months medical treatment period | Yes | Pay at 60 to 100% of regular wages depending on tenure; minimum floor is 80% of local minimum wage |
| Maternity Leave | 98 days basic plus provincial extension | Yes | Up to 190 days in some provinces; expatriates receive 98 days only |
| Paternity Leave | 7 to 30 days depending on province (e.g., 15 days in Beijing, up to 30 days in some provinces) | Yes (most provinces) | No single national standard; governed by provincial family planning regulations |
| Parental Leave | 5 to 15 days per year until child is 3 | Provincial | Varies by province and number of children |
| Breastfeeding Break | 1 hour per day until child is 1 year old | Yes | Counts as working time; one additional hour per extra infant for multiple births |
| Prenatal Check-up Leave | Paid, from the 12th week of pregnancy | Yes | Counts as working time; employer cannot limit the number of visits |
| Eldercare / Parental Care Leave | 5 to 20 days per year (province-dependent) | Provincial | Requires medical or hospitalization certificate |
| Marriage Leave | 3 to 30 days | Yes | Varies by province |
| Bereavement Leave | 1 to 3 days | Yes | Varies by local regulation |
| Unpaid Leave | No statutory cap | No | By agreement between employer and employee |
| Menstrual Leave | 1 to 2 days per month | No | Provincial only (Zhejiang, Shanxi, Guangdong) |
| Military Leave | Duration of service or training | Yes | Employer maintains salary |
Overview and Legal Basis for Leave in China (Mainland)
China's leave entitlements are governed by a set of national statutes. These laws establish the floor; provincial people's congresses may legislate more generous entitlements on top of them.
The primary national statutes are:
- Labor Law of the People's Republic of China (1994)
- Labor Contract Law of the PRC (2008)
- Regulations on Paid Annual Leave of Employees (State Council Decree No. 514, 2008)
- Special Rules on Labor Protection of Female Employees (State Council Decree No. 619, 2012)
- Regulations on Medical Treatment Period (劳部发[1994]479号, 1994)
- 1980 Notice on Employees' Marriage and Bereavement Leave (Ministry of Labor)
- Regulations on Work-Related Injury Insurance (2004)
Employers may offer more generous terms through employment contracts or company policy, but cannot fall below the statutory floor. Understanding how does EOR work helps clarify how a compliant employment structure manages these obligations across jurisdictions.
Leave categories covered under Chinese law include: annual leave, public holidays, sick leave, maternity leave (including prenatal check-up leave and breastfeeding breaks), paternity leave, parental leave, marriage leave, bereavement leave, unpaid leave, military leave, and menstrual leave (provincial only).
Annual Leave (Earned / Privilege Leave)
Annual leave in China is tiered by cumulative career years across all employers, not just the current one. State Council Decree No. 514 (2008) sets the entitlement. Employers should request employment history documentation at onboarding to verify cumulative service accurately.
| Cumulative service (all employers) | Annual leave entitlement | Monthly accrual rate |
|---|---|---|
| Less than 1 year | No entitlement | N/A |
| 1 to 10 years | 5 days | 0.42 days/month |
| 10 to 20 years | 10 days | 0.83 days/month |
| 20 or more years | 15 days | 1.25 days/month |
New hires who join mid-year receive prorated leave. The formula: calendar days remaining in the year divided by 365, multiplied by the statutory entitlement, rounded to the nearest whole day.
If an employee crosses a cumulative service threshold during the calendar year (for example, reaching 10 years), the higher entitlement tier applies from the date the threshold is crossed. A proration formula then applies to the remaining days at the new tier.
Five categories of employees lose annual leave eligibility for that year:
- The employee already took a summer or winter holiday equal to or greater than the annual leave entitlement.
- The employee took 20 or more days of paid personal leave.
- An employee with fewer than 10 cumulative years took 2 or more months of sick leave.
- An employee with 10 to 20 cumulative years took 3 or more months of sick leave.
- An employee with 20 or more cumulative years took 4 or more months of sick leave.
Unused leave may be carried over to the following year by written agreement. If it remains unused at the end of that carry-over year, the employer must pay 300% of the employee's daily wage for each unused day. On termination, compensable days are calculated as: days worked in the year divided by 365, multiplied by the annual entitlement, minus days already used.
Public Holidays
China has 7 statutory public holidays covering 11 days. The government publishes the official schedule each November or December for the following year, including all adjusted working days.
Two additional statutory half-day holidays apply to specific groups under the 1999 State Council Regulations on National Holidays and Memorial Days: Women's Day on 8 March (0.5 day for female employees) and Youth Day on 4 May (0.5 day for employees under 28). In Xinjiang, the Corban Festival is observed as a one-day regional holiday for eligible minority employees; the exact date is announced annually by the government.
Adjusted working days are designated Saturdays or Sundays that employees must work to compensate for extended holiday periods. Normal wage rules apply on those days, not overtime rates, because they are official make-up workdays rather than rest days.
| Dates (2026) | Holiday | Statutory days | Adjusted working days |
|---|---|---|---|
| 1–3 Jan (adjusted 4 Jan) | New Year's Day | 3 | 4 Jan (Saturday, make-up) |
| 15–23 Feb (adjusted 14 Feb and 28 Feb) | Spring Festival | 7 (extended) | 14 Feb and 28 Feb |
| 4–6 Apr | Qingming Festival | 3 | None |
| 1–5 May (adjusted 9 May) | Labour Day | 5 (extended) | 9 May |
| 19–21 Jun | Dragon Boat Festival | 3 | None |
| 25–27 Sep (adjusted 20 Sep) | Mid-Autumn Festival | 3 | 20 Sep |
| 1–7 Oct (adjusted 10 Oct) | National Day | 7 (extended) | 10 Oct |
Overtime pay rules under Article 44 of the China Labor Law: working on a statutory public holiday attracts 300% of normal daily wage and cannot be substituted with time off in lieu. Working on an adjusted rest day attracts 200% of normal daily wage, or time off in lieu. For a comparison of public holiday structures in a nearby jurisdiction, see the leave policy in Hong Kong.
Sick Leave
Sick leave in China is governed by a medical treatment period. Its maximum duration depends on total cumulative work experience across all employers and tenure with the current employer. The table below sets out the entitlements under the Regulations on Medical Treatment Period (劳部发[1994]479号).
| Total work experience | Current employer tenure | Medical treatment period |
|---|---|---|
| Less than 10 years | Less than 5 years | 3 months |
| Less than 10 years | 5 years or more | 6 months |
| 10–20 years | Less than 5 years | 6 months |
| 10–20 years | 5–10 years | 9 months |
| 10–20 years | 10 years or more | 12 months |
| 20 years or more | Less than 5 years | 12 months |
| 20 years or more | 5–10 years | 18 months |
| 20 years or more | 10 years or more | 24 months |
The medical treatment period is calculated on a rolling-window basis per Article 4 of the Regulations. A 3-month period means cumulative sick days within any 6-month rolling window; 6-month within 9 months; 9-month within 12 months; 12-month within 15 months; 18-month within 24 months; and 24-month within 30 months.
Sick pay during the medical treatment period is calculated as a percentage of regular wages based on tenure with the current employer.
| Sick leave duration | Current employer tenure | Sick pay percentage |
|---|---|---|
| 6 months or less | Less than 2 years | 60% |
| 2–4 years | 70% | |
| 4–6 years | 80% | |
| 6–8 years | 90% | |
| 8 years or more | 100% | |
| More than 6 months | Less than 1 year | 40% |
| 1–3 years | 50% | |
| 3 years or more | 60% |
The minimum floor is 80% of the local minimum wage, regardless of the percentage formula applied. Article 42(3) of the China Labor Contract Law prohibits termination during the medical treatment period. Article 45 requires automatic extension of a fixed-term contract that expires during sick leave until the end of the medical treatment period. Employees must provide a medical certificate from a qualified hospital to claim sick leave.
Casual Leave
China's national labor law does not define a separate casual leave category. In practice, employers grant personal leave (事假) for personal matters at their discretion.
This leave is typically unpaid unless the employment contract or company policy states otherwise. Employers may set internal policies defining the permitted purpose, maximum duration, and approval process, provided those policies do not fall below any applicable statutory floor.
One statutory consequence applies directly: employees who take 20 or more days of paid personal leave in a calendar year lose their annual leave entitlement for that year under the Regulations on Paid Annual Leave (State Council Decree No. 514).
Maternity Leave
Female employees in China are entitled to 98 days of basic national maternity leave under State Council Decree No. 619. Expatriate employees receive only this 98-day entitlement. Provincial extensions apply to Chinese citizens only.
The maternity allowance equals the company's average salary over the last 12 months divided by 30, multiplied by the number of leave days. If the employee has not been enrolled in maternity insurance for the required period, the employer pays directly. Most provinces cap the allowance at three times the average regional salary; Beijing and Shanghai apply no cap.
Additional protections under Decree No. 619 apply across three areas:
- Prenatal check-up leave: Paid leave for prenatal check-ups begins at the 12th week of pregnancy. It counts as working time, and the employer cannot limit the number of visits (Article 6).
- Breastfeeding break: One hour of paid break per working day is granted until the child turns one year old. For multiple births, an additional hour is added per extra infant. This time counts as working time (Article 9).
- Overtime and night shift prohibition: From the 7th month of pregnancy, the employer cannot assign overtime or night shifts. The same restriction continues through the breastfeeding period until the child's first birthday (Article 6).
Fixed-term contract protection is broader than many employers expect. Under Article 45 of the Labor Contract Law and Decree No. 619, if a fixed-term contract expires during pregnancy, it must be automatically extended through the end of the breastfeeding period (the child's first birthday), not merely through the end of maternity leave.
Leave entitlement by scenario:
| Scenario | Entitlement |
|---|---|
| Normal delivery | 98 days |
| Difficult delivery | 98 days + 15 days |
| Multiple births | 98 days + 15 days per additional baby |
| Miscarriage before 4 months | 15 days |
| Miscarriage at or after 4 months | 42 days |
| Prenatal complications (after 7th month) | 2.5 months with employer approval |
Provincial maternity leave totals (basic 98 days + local extension):
| Province / Municipality | Extra days | Total days |
|---|---|---|
| Beijing | 60 | 158 |
| Shanghai | 60 | 158 |
| Anhui | 60 | 158 |
| Chongqing | 80 | 178 |
| Fujian | 82 | 180 |
| Gansu | 82 | 180 |
| Guangdong | 80 | 178 |
| Guangxi | 60 / 70 / 80 (1st/2nd/3rd child) | 158 / 168 / 178 |
| Guizhou | 60 | 158 |
| Hainan | 92 | 190 |
| Hebei (3rd child) | 90 | 188 |
| Heilongjiang | 82 | 180 |
| Henan | 92 | 190 |
| Hubei | 60 | 158 |
| Hunan | 60 | 158 |
| Inner Mongolia | 60 / 90 (1st–2nd / 3rd child) | 158 / 188 |
| Jiangsu | 30 | 128 |
| Jiangxi | 90 | 188 |
| Jilin | 82 | 180 |
| Liaoning | 60 | 158 |
| Qinghai | 90 | 188 |
| Shandong | 60 | 158 |
| Shaanxi | Variable by child order | 158 (standard); 168 with prenatal leave; 183 (3rd child) |
| Sichuan | 60 | 158 |
| Tianjin | 30 | 128 |
| Tibet | 267 | 365 |
| Xinjiang | 60 | 158 |
| Yunnan | 60 | 158 |
| Zhejiang (3rd child) | 90 | 188 |
Beijing allows a specific transfer mechanism: a female employee may shorten her extended maternity leave and transfer the remaining days to her husband's paternity leave, provided both employers agree. This is governed by the Beijing Regulations on Population and Family Planning, amended 26 November 2021.
For a regional comparison of parental leave provisions across Asia, see the leave policy in Vietnam.
Paternity Leave
Paternity leave entitlements in China are set by provincial population and family planning regulations, not a single national statute. Most provinces grant between 15 and 30 days, with significant variation across regions.
| Province / Municipality | Paternity Leave (Days) |
|---|---|
| Henan, Jiangxi, Anhui, Yunnan, Gansu | 30 |
| Ningxia, Guangxi, Inner Mongolia | 25 |
| Liaoning, Chongqing, Sichuan, Hunan | 20 |
| Beijing, Shenzhen, Guangzhou | 15 |
| Shanghai | 10 |
| Shandong, Tianjin | 7 |
Fifteen days is the most common benchmark across provinces. Employers operating in multiple provinces must track each location's entitlement separately and apply the correct figure in payroll and employment contracts.
Adoption and Surrogacy Leave
China's national labor law does not establish a statutory adoption leave entitlement. Any adoption leave granted is discretionary, with duration and pay terms set entirely by employer policy.
Employers who choose to offer adoption leave should document the arrangement in writing within the employment contract or a standalone HR policy. Without written terms, disputes over duration, pay, and eligibility are difficult to resolve.
Surrogacy is not legally recognized in China, and no statutory surrogacy leave exists. Where an employer agrees to grant leave for a surrogacy arrangement, that agreement must be documented clearly in writing. Verbal or informal arrangements create legal exposure for the employer if the employee later disputes the terms or duration.
Gloroots supports employers in drafting and maintaining written leave policies for discretionary arrangements through its Employment Lifecycle Management service, providing a documented record that holds up under local labor authority review.
Bereavement Leave
China's national bereavement leave standard comes from a 1980 State Council Notice, which grants employees 1 to 3 days of paid leave when an immediate family member dies.
At the national level, "immediate family member" covers three relationships only: parents, spouse, and children. Extended relatives such as grandparents, siblings, or in-laws are not included under the 1980 Notice.
Coverage for extended relationships depends on the employer's internal policy or applicable local government regulations. Employers should specify bereavement leave scope in the employment contract or employee handbook to avoid disputes.
Other Leave Types
China has several leave categories beyond the core statutory types. Marriage leave, eldercare leave, parental leave, and customary bonus pay each carry distinct rules that vary by province.
Marriage leave is set at 3 days nationally. Provinces grant additional days. The table below shows total marriage leave by province, including the national 3 days.
| Province / Municipality | Total Marriage Leave | Notes |
|---|---|---|
| Anhui | 13 days | |
| Beijing | 10 days | |
| Guizhou | 13 days | |
| Hainan | 13 days | |
| Inner Mongolia | 18 days | |
| Jilin | 15 days | |
| Liaoning | 10 days | |
| Ningxia | 10 days (+3 pre-marital checkup) | 3 additional days for pre-marital medical checkup |
| Qinghai | 15 days | |
| Tibet | 10 days (+7 late marriage bonus) | 7 additional days for late marriage |
| Tianjin | 10 days |
Eldercare (parental care) leave is governed by provincial population and family planning regulations. As of 2023, 29 provinces have specified durations ranging from 5 to 20 days per year. Eligibility requires a medical or hospitalization certificate for the parent receiving care.
Parental (childcare) leave entitlements per year until the child reaches age 3 vary by province. The table below shows annual entitlements.
| Province / Municipality | Annual Parental Leave | Notes |
|---|---|---|
| Gansu / Qinghai / Shanxi | 15 days | |
| Fujian, Guangdong, Guangxi, Guizhou, Hainan, Hebei, Heilongjiang, Henan, Hubei, Hunan, Inner Mongolia, Jiangsu, Jiangxi, Liaoning, Ningxia, Shandong, Sichuan, Tianjin, Xinjiang, Zhejiang | 10 days | |
| Anhui | 10 days | Until child reaches age 6 |
| Yunnan | 10 days (+5 extra) | 5 additional days if 2 or more children under age 3 |
| Chongqing | Two options | Full leave until child is 1 year old, or 5 to 10 days per year until child is 6 |
| Beijing / Shanghai | 5 days |
13th-month salary is customary in China, not statutory. It is typically paid during the Lunar New Year or Spring Festival month. Some employers also pay a 14th-month bonus. Neither payment is legally required unless stipulated in the employment contract, at which point it becomes enforceable as a contractual obligation.
State or Regional Variations in Leave Entitlements
Provincial regulations in China extend national minimums for maternity, paternity, parental, and marriage leave. Employers must track both layers simultaneously. Good employer of record software automates this tracking across provinces.
Two alternative work-hour systems also affect how leave and overtime interact. The Comprehensive Work Hour System and the Flexible Work Hour System, authorized under Labor Law Articles 39 and 40, require prior approval from the local labour bureau. Both are common in manufacturing, sales, and managerial roles. Employers using either system must confirm how approved leave days are counted against non-standard schedules.
| Province / Municipality | Maternity Leave (total days) | Paternity Leave | Parental Leave | Marriage Leave | Notes |
|---|---|---|---|---|---|
| Beijing | 158 days | 15 days | 5 days/year until child is 3 | 10 days | Transfer mechanism allows mother to shift extended days to father |
| Shanghai | 158 days | 10 days | 5 days/year until child is 3 | 10 days | Distinct sick pay calculation rules apply |
| Guangdong | 178 days | 15 days | 10 days/year until child is 3 | 10 days | Menstrual leave available under provincial rules |
| Chongqing | 178 days | 20 days | 10 days/year until child is 3 | 10 days | Comprehensive Work Hour System common in manufacturing |
| Tianjin | 128 days | 15 days | 10 days/year until child is 3 | 10 days | Lower maternity extension than most municipalities |
| Henan | 190 days | 30 days | 10 days/year until child is 3 | 30 days | Longest maternity leave in mainland China |
| Hainan | 190 days | 25 days | 10 days/year until child is 3 | 30 days | Matches Henan for total maternity days |
| Sichuan | 158 days | 20 days | 10 days/year until child is 3 | 20 days | Flexible Work Hour System requires local bureau approval |
| Hunan | 158 days | 20 days | 10 days/year until child is 3 | 25 days | Marriage leave among the longer provincial grants |
| Shandong | 158 days | 15 days | 10 days/year until child is 3 | 15 days | Standard provincial extension applies |
| Liaoning | 158 days | 15 days | 10 days/year until child is 3 | 10 days | Standard provincial extension applies |
| Jilin | 158 days | 15 days | 10 days/year until child is 3 | 15 days | Standard provincial extension applies |
| Anhui | 158 days | 15 days | 10 days/year until child is 3 | 10 days | Standard provincial extension applies |
| Inner Mongolia | 158 days | 15 days | 10 days/year until child is 3 | 15 days | Standard provincial extension applies |
| Qinghai | 158 days | 15 days | 10 days/year until child is 3 | 15 days | Standard provincial extension applies |
Carry-Forward and Leave Encashment Rules
China's annual leave carry-forward rule is narrow. Unused leave may roll into the following year only if the employer and employee reach a written agreement. A verbal agreement is insufficient and does not satisfy the statutory requirement.
If the carried-over leave remains unused at the end of that second year, the employer owes 300% of the employee's daily wage for each unused day. This rate is set by State Council Decree No. 514 and cannot be reduced by contract or company policy.
One limited exception exists. If the employer formally arranges the leave and the employee signs a written waiver confirming they declined to take it, the 300% liability does not apply. Both conditions must be met: the employer must document the arrangement offer, and the waiver must be in writing. An oral waiver carries no legal weight.
On termination, compensable unused days are calculated as: days worked in the year divided by 365, multiplied by the annual entitlement, minus days already taken. The employer pays 200% of the daily wage for these days (the base salary already paid accounts for the remaining 100%), bringing the effective total to 300%.
Encashment of leave while employment continues is not a statutory right in China. Employers may offer it by policy, but there is no legal obligation to do so outside the termination and unused-leave-compensation scenarios described above. For a comparison with a jurisdiction that has distinct encashment rules, see the leave policy in India.
Gloroots tracks written carry-forward agreements, leave balances, and compensation calculations across provinces through its Global Employer of Record (EOR) service, giving employers centralized governance over these obligations.
Best Practices for Managing Leave Compliantly in China (Mainland)
Compliance in China requires precision at the record level, not just policy level. These practices reduce audit exposure and misclassification risk.
- Calculate the sick leave medical treatment period using the rolling-window method under Article 4 of the Regulations on Medical Treatment Period. Do not treat the period as consecutive calendar months.
- Document breastfeeding break and prenatal check-up leave in separate records from annual leave. Combining them creates misclassification risk under Decree No. 619.
- Track cumulative career years across all employers, not only tenure with the current entity, when determining annual leave tier and sick leave duration.
- Verify the annual public holiday schedule each November or December, when the State Council publishes adjusted working days for the following year.
- For employees in Shanghai, Beijing, or Shenzhen, apply the correct provincial sick pay formula rather than the national default. Working with a best employer of record helps standardize this across locations.
Managing Leave Policy in China (Mainland) with Gloroots
China's leave framework requires tracking obligations across national statutes and provincial rules simultaneously. Gloroots manages this through its Global Employer of Record (EOR) service, giving employers centralized governance over China-specific compliance.
Gloroots tracks breastfeeding break and prenatal check-up leave entitlements as distinct compliance items under Decree No. 619, separate from annual leave balances. This prevents misclassification in payroll records and supports accurate reporting.
For sick pay, Gloroots applies the correct provincial formula based on each employee's work location. Employees in Shanghai, Beijing, and Shenzhen receive calculations under their respective local rules, not the national default. Employees elsewhere receive the national formula.
Employers using Gloroots EOR services gain Workforce Visibility and Reporting across all leave categories, with Employment Lifecycle Management that covers entitlement changes as employees move between tenure tiers. Local execution is handled by Gloroots; governance stays centralized with the employer.
Frequently Asked Questions About Leave Policy in China (Mainland)
How many days of annual leave are employees entitled to in China?
Employees in China earn 5, 10, or 15 days of paid annual leave per year, tiered by cumulative career years across all employers, not just the current one.
Accrual rates for new hires joining mid-year are 0.42 days per month for the 5-day tier, 0.83 days per month for the 10-day tier, and 1.25 days per month for the 15-day tier. The prorated total is rounded to the nearest whole day.
How many public holidays does China have, and what are adjusted working days?
China has 7 statutory public holidays covering 11 days. The government designates certain Saturdays as mandatory adjusted working days to compensate for extended breaks around Spring Festival and National Day.
Two additional statutory half-day entitlements apply to specific groups. Female employees receive 0.5 day on International Women's Day (8 March). Employees under 28 receive 0.5 day on Youth Day (4 May).
How is the sick leave medical treatment period calculated in China?
The medical treatment period uses a rolling-window method under Article 4 of the Regulations on Medical Treatment Period (劳部发[1994]479号). A 3-month period means cumulative sick days within any 6-month rolling window, not three consecutive calendar months.
Termination during the medical treatment period is prohibited under Article 42(3) of the Labor Contract Law.
What breastfeeding and prenatal check-up entitlements do female employees have in China?
From the 12th week of pregnancy, female employees are entitled to paid time off for prenatal check-ups. This time counts as working hours, and employers cannot limit the number of visits. The entitlement is set under Decree No. 619, Article 6.
After delivery, employees receive one paid breastfeeding break per working day until the child turns one year old. For multiple births, an additional hour is added per extra infant. All breastfeeding time counts as working hours under Decree No. 619, Article 9.
How does paternity leave vary by province in China?
Paternity leave in China is set at the provincial level, and the range is wide. Shandong and Tianjin grant 7 days, while Henan, Jiangxi, Anhui, Yunnan, and Gansu grant 30 days.
Most provinces fall between 15 and 20 days. Employers operating across multiple provinces must track each applicable provincial regulation separately to maintain compliance.
What happens to unused annual leave in China?
If an employer fails to arrange annual leave, it owes 300% of the employee's daily wage for each unused day. This liability is mandatory under State Council Decree No. 514 and cannot be contracted away.
The only exception is a formal written waiver signed by the employee before the leave year closes. Without that document, the 300% obligation stands regardless of any verbal agreement or company policy.
Can an employer terminate an employee on sick leave in China?
No. Article 42(3) of the China Labor Contract Law prohibits termination during the medical treatment period. A fixed-term contract that expires during sick leave must be extended until the period ends.
Pregnancy adds a further layer. Under Article 45 and State Council Decree No. 619, a fixed-term contract expiring during pregnancy must be extended through the end of the breastfeeding period, when the child reaches age one, not merely through the end of maternity leave.
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