Under China Labor Law, employees are entitled to various forms of paid and unpaid leave to protect their health, wellbeing, and family responsibilities. This section explains the rules for annual leave, sick leave, and maternity & paternity leave, helping employers ensure compliance and fair treatment across their workforce.
1. Annual Leave
Employees who have worked continuously for more than one year are entitled to paid annual leave based on their total years of service.
| Years of Continuous Service | Annual Leave Entitlement |
|---|---|
| 1–10 years | 5 days |
| 10–20 years | 10 days |
| Over 20 years | 15 days |
Notes:
- Leave days are paid and should be scheduled by mutual agreement between employer and employee.
- If the employee voluntarily forgoes leave, compensation is not mandatory.
- Annual leave does not include public holidays or rest days.
2. Sick Leave
Employees who are ill or injured outside of work are entitled to sick leave with reduced pay according to local regulations and seniority.
- Sick pay generally ranges from 60% to 100% of the regular wage.
- Employers must not terminate employees during their prescribed medical treatment period.
- Medical certificates issued by authorized institutions are required to justify the leave.
3. Maternity & Paternity
Under China Labor Law, both female and male employees are entitled to paid leave related to childbirth to support family wellbeing and promote work–life balance.
- Maternity Leave: Female employees are entitled to 98 days of paid leave, with additional days granted for difficult childbirths or multiple births. Many provinces extend this period (e.g., Beijing: 158 days).
- Paternity Leave: Male employees generally receive 7–30 days of paid leave, depending on provincial regulations.
- Employers are prohibited from terminating female employees during pregnancy, maternity leave, or breastfeeding periods.
💡 Employer Tips
- Maintain clear internal leave policies that align with national and local laws.
- Keep accurate leave and attendance records for all employees.
- Ensure timely and full payment during statutory leave periods.
- Avoid terminating employees during protected leave or medical treatment periods.
China Labor Law defines key rules for fair and legal employment. By complying with China Labor Law, businesses protect rights, avoid risks, and ensure workplace stability.
At China Payroll, we help foreign companies manage payroll, navigate regulations, and stay compliant, so you can focus on growing your business. Contact us today to see how we can help your business succeed in China.
