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China has a strong and fast-growing economy, with the GDP expected to reach USD 18,685 billion by the end of 2025. Due to this profitable economy, many global businesses want to enter the market and expand there. However, to successfully do so, one needs to learn and understand the country’s employment laws, especially the leave policy in China.
The China leave policy is based on the Labor Law of the People’s Republic of China. It sets clear rules for different types of leave, including annual, maternity, paternity, and public holidays in China. These laws protect workers' rights and help maintain a good work-life balance.
If you are hiring in China, knowing these rules will help you stay compliant and create a fair workplace. In this blog, we will examine them more closely.
Earned Leave in China
The annual leave policy in China is based on the length of one’s service.
It means employees who have worked in China for at least 12 months are qualified for the China paid leave policy. It is listed below:
The total work experience, including time with different employers, counts towards an employee’s leave.
The administrative rule, law, or State Council provision of China denotes these years of experience as working hours. Employers cannot allot fewer days than required by law.
However, in some cases, they may not be eligible for the earned leave policy in China:
- If they already get long summer or winter vacations longer than annual leave.
- If they have taken at least 20 days of personal leave with full pay.
- If they have worked 1-10 years and taken over 2 months of sick leave in a year.
- If they have worked 10-20 years and taken over 3 months of sick leave in a year.
- If they have worked 20+ years and taken over 4 months of sick leave in a year.
China also follows a compensatory leave system, known as ‘Tiaoxiu’. This allows employees to work extra days to get longer holiday breaks, such as Spring Festival, Labor Day, and National Day.
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Talk to an expertMaternity Leave in China
China’s maternity leave policy has two parts:
- Basic leave set by the national government
- Extra leave given by local governments
China’s national law gives 98 days of paid maternity leave. But most cities and provinces add extra days, so the total leave depends on where your company is.
However, foreign workers in China only get the basic 98 days and do not receive the local extensions. The region-based leaves are:
China's new maternity leave policy starts 15 days before the baby is due. If a mother has a difficult birth or multiple babies, she gets extra time off, varied by her location. Apart from this, the leave for miscarriage or abortion is
- Before 4 months of pregnancy: 15 days off.
- After 4 months of pregnancy: 42 days off.
However, if one of the parents decides to take their leave until the baby is one year old, they might no longer be eligible to receive 5-10 days of childcare leave each year.
Parental Leave in China
In China, parental leave started late. In 2019, the government encouraged provinces to create leave policies for parents of children under 3 years old. In 2021, parental leave was officially added to China's Population and Family Planning Law.
This leave can be used after maternity and paternity leave. Parents receive full salary during leave (except in cases like Chongqing’s one-year leave).
All employees who follow China's fertility policies can take parental leave. It varies by province. Most regions give 10 days, but some offer more or less.
Paternity Leave in China
The paternity leave policy in China is decided by each province or city. Some regions offer no leave, while others allow fathers up to 30 days off. Most provinces provide 10 to 15 days of paid leave.
According to the China paternity leave policy, this leave is paid and covered by maternity insurance in some areas. Some cities, like Beijing and Shanghai, have also introduced employer-paid parental leave, showing China's growing focus on family support.
Public Holidays in China
The 2025 list of public holidays in China is:
If a public holiday falls on a Wednesday, only that day is off. However, if the Mid-Autumn Festival and National Day fall together, an extra day is added to the holiday period. The same thing will happen in 2025.
To balance long holidays, the government designates certain weekends as working days. These are known as compensatory working days; you can choose whether to make them non-working days.
Employees who work on a public holiday must be paid 300% of their normal salary. However, there is no extra pay for working on compensatory days.
Sick Leave Policy in China
Employees in China can take sick leave when ill or injured outside of work. The amount of sick leave depends on:
- Total work experience (years worked in all jobs)
- Years at the current company
For employees with less than 10 years of total work experience:
For employees with 10 years or more of total work experience:
In some cases, China's sick leave policy can be extended if the Labor Capacity Appraisal Centre confirms that the employee has lost the ability to work.
Sick leave pay varies by region and company policies. Generally, employers must pay between 60% and 100% of an employee’s salary. In some areas, the payment is based on the local minimum wage. Here, two factors decide how much pay an employee will receive:
- Years worked at the company
- How long they have been on sick leave
Unpaid Leave in China
An employee can request unpaid leave in China for important personal matters or family emergencies. This type of leave is not covered under the statutory paid leave policy in China.
There is no fixed legal limit for unpaid leaves, but most companies allow up to 10 days per year. If an employee takes more than the allowed leave, it may be considered absenteeism.
Most companies have individual policies for unpaid leaves that foreign employees must follow. Employees who fail to follow the rules may face termination without compensation. Some companies give paid compassionate leave for personal emergencies, which is not required by law.
Other Leaves
Apart from the paid and unpaid leaves, there are some other leaves that China offers, such as:
- Bereavement Leave: In China, employees get up to 3 days of paid bereavement leave when a close family member (spouse, parent, or child) passes away. Some regions, like Shanghai, extend this leave to in-laws and other immediate family members. The exact duration depends on local rules and company policies.
The employer fully covers this leave, meaning the employee receives their normal salary during this period.
- Marriage Leave: If one employee plans to get married, they will get at least 3 days of paid leave. Under this leave policy in China, they can get full payment from their employer. Many provinces offer extended marriage leave, ranging from 10 to 30 days.
- Gansu and Shanxi: 30 days
- Beijing and Shanghai: 10 days
- Other provinces: Vary based on local regulations
- Unhappy Leave: While China has no official sabbatical leave policy, some companies offer extended breaks to long-term employees to rest and recharge.
One unique initiative is ‘Unhappy Leave,’ which was introduced by Pang Dong Lai, a retail chain in Henan province. Employees can take up to 10 extra days off when they feel mentally exhausted or need a break. This unhappy leave policy in China prioritizes employee well-being and promotes a better work-life balance.
Easily Navigate the Leave Policy in China with Skuad
Understanding every leave policy in China can be complicated. The rules vary by region, the laws are updated occasionally, and the chances of missed compliance are higher. Moreover, managing different types of leave can also be very challenging for your business.
Skuad makes it simple. Our global payroll and EOR platform guides you through leave policies in China and over 160 countries. Whether you need to onboard employees, manage benefits, or ensure compliance, Skuad handles it.
With our unified platform, you can hire new employees quickly, administer benefits securely, and process payroll hassle-free. We also take care of local labor laws so you can focus on growing your business.
With us, the best HR solutions will always support your workforce. Schedule a demo today and expand globally with confidence!
FAQs
What are the leave laws in China?
China's leave laws include annual, public holidays, maternity and paternity, and sick leave.
How much annual leave do you get in China?
The annual leave policies in China depend on an employee's total years of service. Based on this, they receive 5 to 15 days of paid annual leave.
How many vacation days do you get in China?
Vacation days in China comprise annual leave plus seven public holidays, totaling around 12 to 22 days off annually.
What are the PTO laws in China?
Paid Time Off (PTO) in China includes annual leave, public holidays, and other statutory leaves such as maternity and paternity leave.
What are the national holidays in China?
China observes seven national holidays: New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day.
What are the big holidays in China?
The major holidays in China are the Spring Festival (Chinese New Year) and National Day, which are celebrated nationwide.
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