Leave Policy in China

Types of Leave

China's Labor Law and relevant regulations govern statutory leave entitlements. Below is an overview of key leave types:

• Annual Leave: Employees are entitled to paid annual leave after one year of continuous service: 5 days (1–10 years), 10 days (10–20 years), 15 days (20+ years). National holidays and weekends do not count toward annual leave. Employers must arrange annual leave reasonably.

• Sick Leave: Sick leave duration and pay are based on years of service and seniority. Employees may receive 3–24 months of medical treatment leave with 60–100% pay based on company policy and local rules. A medical certificate is mandatory.

• Maternity Leave: Female employees are entitled to 98 days of paid maternity leave. Local governments may extend this (e.g., up to 128–158 days). Payment is covered by maternity insurance if applicable.

• Paternity Leave: Not mandated nationally, but many provinces offer 7–30 days. Employers should refer to local laws.

• Marriage and Bereavement Leave: Marriage leave is typically 3 days; bereavement leave for close relatives is 1–3 days. Local policies vary.

Unused Leave

Unused annual leave must be compensated at 300% of the employee's daily wage. Employers are required to track and settle untaken leave unless the employee voluntarily waived it in writing. Leave expires if not used within the statutory time unless carried over by policy.

Consequences of Mismanagement

Failure to grant or compensate statutory leave can lead to administrative penalties, labor arbitration, and lawsuits. Companies may be ordered to pay owed wages and face fines for violating labor laws.

Public Holidays

China has 11 public holidays, including Chinese New Year, National Day, and Mid-Autumn Festival. The government often adjusts weekends to extend holidays. Work during public holidays must be compensated at 300% of wages.

How AYP Manages Leave Compliance

AYP tracks local leave policies by province, automates statutory entitlements, and calculates unused leave payouts. We help businesses avoid legal exposure from unpaid leave obligations and ensure smooth coordination with insurance programs for maternity or sick leave.

Contact Us

Looking to hire in China? Contact AYP to manage leave compliance across provincial labor laws and avoid costly errors.