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

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:

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.

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