Navigating employee leave entitlements is a crucial aspect of managing a workforce in China. Understanding the statutory requirements for various types of leave, from annual vacation to sick leave and parental leave, is essential for compliance and maintaining positive employee relations. Employers must adhere to national regulations while also being aware of potential variations at the provincial or municipal level, which can sometimes offer more generous benefits.
Ensuring accurate implementation of leave policies requires careful attention to detail regarding eligibility criteria, duration, payment calculations, and procedural requirements. This guide provides an overview of the key leave types employees are entitled to in China, helping employers understand their obligations for the year 2025.
Annual Vacation Leave
Employees in China are entitled to paid annual leave based on their cumulative years of service. This entitlement is a statutory right and applies to employees who have worked continuously for more than one year.
The minimum annual leave entitlements are as follows:
- 5 days for employees who have worked cumulatively for 1 year but less than 10 years.
- 10 days for employees who have worked cumulatively for 10 years but less than 20 years.
- 15 days for employees who have worked cumulatively for 20 years or more.
These are minimum entitlements, and employers may offer more generous leave policies. Annual leave should generally be arranged by the employer based on the employee's request and the company's operational needs. Unused annual leave from the previous year can typically be carried over or compensated, depending on company policy and local regulations.
Public Holidays
China observes several national public holidays throughout the year. In 2025, the official public holidays are expected to include:
| Holiday | Typical Dates (2025) | Duration (Days) | Notes |
|---|---|---|---|
| New Year's Day | January 1 | 1 | |
| Chinese New Year | Late January/Early Feb | 7 | Includes weekend adjustments/bridge days |
| Qingming Festival | Early April | 1 | Often extended with weekend adjustments |
| International Labor Day | May 1 | 1 | Often extended with weekend adjustments |
| Dragon Boat Festival | Late May/Early June | 1 | Often extended with weekend adjustments |
| Mid-Autumn Festival | Mid-September | 1 | Often extended with weekend adjustments |
| National Day | October 1-7 | 7 | Includes weekend adjustments/bridge days |
Note: Specific dates for holidays that fall on weekends and the associated bridge days (working on weekends to create longer breaks) are subject to the official annual calendar announcement by the State Council.
Employees are entitled to paid leave on these official public holidays. If an employee is required to work on a national public holiday (like New Year's Day, Chinese New Year's Day, Labor Day, National Day), they must be paid at least 300% of their normal wage rate, and no compensatory time off can be given. If an employee works on a weekend that is adjusted to be a working day as part of a holiday period, they are entitled to compensatory time off or paid at 200% of their normal wage rate if compensatory time off cannot be arranged.
Sick Leave
Employees in China are entitled to sick leave when they are unable to work due to illness or injury. Sick leave pay is calculated based on a percentage of the employee's normal wage and is linked to their length of service with the current employer and the duration of their illness, referred to as the "medical treatment period."
The medical treatment period is the maximum duration for which an employee is entitled to sick leave pay. This period varies based on the employee's cumulative length of service with the employer:
| Cumulative Service Length | Maximum Medical Treatment Period |
|---|---|
| Less than 10 years | 3 to 18 months |
| 10 years or more | 18 to 24 months |
Note: The specific duration within these ranges depends on the employee's cumulative service length and current service length with the employer, according to a complex formula.
During the medical treatment period, sick leave pay is typically calculated as a percentage of the employee's regular salary, often ranging from 60% to 100%, subject to local minimum wage requirements and company policies. The specific percentage can decrease as the medical treatment period extends. Employers are generally required to pay sick leave wages that are no less than 80% of the local minimum wage.
Parental Leave
Parental leave in China primarily includes maternity leave, paternity leave, and adoption leave.
Maternity Leave
The national standard for maternity leave is 98 days. This includes 15 days of leave before childbirth. In cases of difficult labor or multiple births, additional leave days are granted. Many provinces and municipalities have extended the basic maternity leave entitlement significantly, often adding 30 to 60 days or more, bringing the total leave period to around 128 to 158 days or even longer in some regions.
Maternity leave pay is typically covered by the social security system's maternity insurance fund, provided the employer and employee have made contributions. The payment amount is usually based on the employee's average monthly wage from the previous year, subject to caps and floors set by local regulations. If the employer is not enrolled in maternity insurance or the payment from the fund is below the employee's average wage, the employer may be required to cover the difference or the full amount, depending on local rules.
Paternity Leave
Paternity leave is also a statutory entitlement, though the duration is much shorter than maternity leave. Nationally, there is no unified standard, but most provinces and municipalities grant paternity leave, typically ranging from 7 to 15 days. The specific duration varies by region. Paternity leave is usually paid by the employer at the employee's regular wage rate.
Adoption Leave
Employees who adopt a child are also entitled to adoption leave. The duration of adoption leave varies by region, but it is generally shorter than maternity leave, often ranging from 15 to 30 days. Specific entitlements and payment methods depend on local regulations.
Other Leave Types
Beyond the major categories, employees in China may be entitled to other types of leave, depending on national laws, local regulations, and company policies.
- Marriage Leave: Employees are typically entitled to paid marriage leave upon getting married. The national standard is 3 days, but many provinces and municipalities offer extended marriage leave, sometimes up to 10 or even 30 days, particularly for late marriages (though the concept of "late marriage" is becoming less relevant in policy).
- Bereavement Leave: Employees are usually granted paid bereavement leave upon the death of an immediate family member (spouse, parent, child). The standard duration is typically 1 to 3 days.
- Work-Related Injury Leave: Employees who suffer a work-related injury or occupational disease are entitled to paid leave during their medical treatment and recovery period. This leave is covered by the work injury insurance fund and is distinct from regular sick leave.
- Study Leave/Sabbatical: These types of leave are generally not statutory entitlements in China but may be offered by employers as part of their benefits package or for specific training requirements. Entitlement and pay would be governed by the employer's internal policies.
