Leave Policy in China (Mainland)

Shraddha Saxena
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Table of Content

China's labor laws provide employees with various types of leave, including annual, sick, maternity, and paternity leave, along with public holidays and special leaves to balance work and personal responsibilities. Understanding local hiring regulations, especially leave policies, is crucial for businesses hiring in China or using an Employer of Record (EOR) in China. The country's modernization and focus on high-quality development make it an attractive destination for building a skilled workforce.

Annual Leave (Vacation)

Paid leave in China is determined by the employment contract and depends on the years of service. Employees are entitled to additional paid leave beyond public holidays. For the first year of employment, there is no entitlement to paid annual leave. After the first year, up to the tenth year, employees are entitled to 5 days of paid leave. This increases to 10 days for employees with 10 to 20 years of service, and up to 15 days for those with over 20 years of service.

Public Holidays

Date Day Holiday
1 Jan 2024 Monday New Year’s Eve
10 Feb 2024 Saturday Lunar New Year
11 Feb 2024 Sunday Spring Festival
12 Feb 2024 Monday Spring Festival
13 Feb 2024 Tuesday Spring Festival
14 Feb 2024 Wednesday Spring Festival
15 Feb 2024 Thursday Spring Festival
16 Feb 2024 Friday Spring Festival
17 Feb 2024 Saturday Spring Festival
8 Mar 2024 Friday International Women’s Day
4 Apr 2024 Thursday Qing Ming Jie
5 Apr 2024 Friday Qing Ming Jie Holiday
6 Apr 2024 Saturday Qing Ming Jie Holiday
1 May 2024 Wednesday International Labor Day
2 May 2024 Thursday Labour Day Holiday
3 May 2024 Friday Labour Day Holiday
4 May 2024 Saturday Labour Day Holiday
5 May 2024 Sunday Labour Day Holiday
10 Jun 2024 Monday Dragon Boat Festival
15 Sep 2024 Sunday Mid-Autumn Festival Holiday
16 Sep 2024 Monday Mid-Autumn Festival Holiday
17 Sep 2024 Tuesday Mid-Autumn Festival
1 Oct 2024 Tuesday National Day
2 Oct 2024 Wednesday National Day
3 Oct 2024 Thursday National Day
4 Oct 2024 Friday National Day
5 Oct 2024 Saturday National Day

Sick Leave

In China, sick pay is outlined in the employment contract and depends on years of service, the duration of sick leave, and a professional medical certificate. Local regulations may vary, but generally:

Sick Leave Entitlement in China:

  • Less than 5 years of service: 3 months of sick leave
  • 5-10 years of service: 6-9 months of sick leave (varies by region)
  • 10-15 years of service: 12-18 months of sick leave (varies by region)
  • 15-20 years of service: 18 months of sick leave
  • More than 20 years of service: Up to 24 months of sick leave

Sick Pay Calculation (for sick leave less than 6 months) in China:

  • Less than 2 years of service: 60% of regular wages
  • 2-4 years of service: 70% of regular wages
  • 4-6 years of service: 80% of regular wages
  • 6-8 years of service: 90% of regular wages
  • More than 8 years of service: 100% of regular wages

Sick Pay Calculation (for sick leave more than 6 months) in China:

  • Less than 1 year of service: 40% of regular wages
  • 1-3 years of service: 50% of regular wages
  • More than 3 years of service: 60% of regular wages

Maternity Leave

Female employees in China are entitled to 98 days of basic maternity leave, starting up to 15 days before the expected childbirth date. Each province can extend this leave, with the total maternity leave period varying as follows:

  • Chongqing, Guangdong: 178 days
  • Tianjin: 128 days
  • Henan, Hainan: 190 days
  • Jiangxi, Hebei (for the third child), Zhejiang (for the third child): 188 days
  • Gansu, Heilongjiang, Fujian: 180 days
  • Guangxi: 148 days
  • Jiangsu: 128 days
  • Other regions (including Beijing): 158 days

Maternity payments are calculated by the Social Security Bureau based on the average monthly salary over the past year or three times the minimum wage, whichever is greater. This calculation can vary by province.

Additional leave entitlements include:

Leave Type Entitlement
Prenatal Examination Leave Doctor visits during the first 12 weeks
Difficult Delivery Natural delivery leave plus 15 days
Multiple Deliveries Natural delivery leave plus 15 days, with an extra 15 days per additional baby
Prenatal Leave After the 7th month of pregnancy, 1-hour daily break or 2.5 months of leave with employer approval
Breastfeeding Leave Up to two 30-minute feeding periods per day for children under one year old, counted as working time. Alternatively, 6.5 months of leave can be applied for with employer approval

Other leave includes:

  • Abortion or miscarriage within the first 4 months: 15 days.
  • Abortion or miscarriage after the first 4 months: 42 days.
  • Termination of employment during pregnancy or within one year after childbirth is not permitted.

Paternity Leave

Male employees in most regions of China are entitled to 15 days of paternity leave. However, this varies in certain cities:

  • Tianjin, Shandong: 7 days
  • Shanghai: 10 days
  • Liaoning, Chongqing, Sichuan, Hunan: 20 days
  • Ningxia, Guangxi, Inner Mongolia: 25 days
  • He’nan, Jiangxi, Anhui, Yunnan, Gansu: 30 days

Parental Leave

Parents in China are entitled to paid childcare leave, with the duration varying by province:

  • Beijing & Shanghai: 5 days per year until the child is 3 years old.
  • Fujian, Guangxi, Inner Mongolia, Heilongjiang, Liaoning, Hebei, Jiangxi, Jiangsu, Sichuan, Guizhou, Zhejiang, Tianjin, Ningxia, Henan, Hubei, Hunan, Hainan, Xinjiang, Shandong, Guangdong: 10 days per year for children under 3 years old.
  • Anhui: 10 days per parent each year until the child is 6 years old.
  • Yunnan: 10 days per year for either parent with children under 3 years old, plus an additional 5 days per year for parents with more than two children under 3 years old.
  • Shanxi, Qinghai, Gansu: 15 days per year for children under 3 years old.
  • Chongqing: Two options: (1) After maternity/paternity leave, one parent can take leave until the child is 1 year old; or (2) Both parents can take 5 to 10 days per year until the child is 6 years old.

Other Types of Leave

  • Adoption Leave: Currently, there is no provision for adoption leave in China.
  • Marriage Leave: Employees in China are entitled to a minimum of 3 days of paid marriage leave, with some provinces offering up to 30 days.
  • Bereavement Leave: Employers in China must provide paid bereavement leave, typically ranging from one to three days depending on local regulations.
  • Casual Leave: There is no provision for casual leave in China.
  • Unpaid Leave: Granted for various reasons, including personal matters or medical reasons, maintaining employment status and benefits without financial compensation.

Hassle-Free Leave Policy Management in China (Mainland) with Gloroots

Our global HR platform at Gloroots simplifies the process of hiring contractors or full-time employees in over 160 countries, eliminating the hassle of setting up a local legal entity. We provide a unified platform for quick onboarding and secure administration of benefits. With Gloroots, you can confidently handle payroll and comply with complex employment laws, allowing us to manage all HR complexities for you.

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