Paid Leave Entitlements in China 2026: A Clear Guide for Employees and Employers

Direct Answer: In China, employees are entitled to several types of paid leave, including annual leave, sick leave, marriage leave, maternity leave, paternity leave, and bereavement leave. The specific number of days, conditions, and payment rates are governed by the Labor Contract Law, the Regulations on Paid Annual Leave for Employees, and various local implementation rules. As of 2026, these entitlements remain largely consistent with previous years, but local regulations may vary, so it is crucial to check your province or city’s specific rules.

Step 1: Understanding the Legal Framework

China’s paid leave system is built on several key laws:

• Labor Contract Law (2008, amended 2018): Establishes the basic rights of employees, including the right to rest and leave. Articles 36-45 cover working hours, rest days, and holidays.
• Regulations on Paid Annual Leave for Employees (2008): The primary source for annual leave rules. It specifies the number of days based on years of service.
• Civil Code (2021): While not directly about leave, it provides a general framework for labor relations and the principle of good faith.
• Special Provisions on the Protection of Female Employees (2012): Governs maternity leave and related protections.
• Local Regulations: Each province, city, or autonomous region can issue its own rules, which may add extra leave days or modify conditions. For example, Shanghai and Beijing have specific rules for marriage leave and paternity leave.

Step 2: Types of Paid Leave and Their Conditions

Here is a breakdown of the most common paid leave entitlements in China as of 2026:

1. Annual Leave (Paid Annual Leave)

• Who is eligible? Employees who have worked continuously for at least 1 year (including probation period) are entitled.
• How many days?
  • 1 year to less than 10 years of service: 5 days
  • 10 years to less than 20 years of service: 10 days
  • 20 years or more: 15 days
• Payment: Full normal wages during the leave.
• Carry-over: Unused annual leave can be carried over to the next year, but the employer must pay 300% of the daily wage for any unused days if the employee leaves or if the employer refuses to grant the leave.
• Legal basis: Regulations on Paid Annual Leave for Employees, Articles 3-5.

2. Sick Leave (Medical Leave)

• Who is eligible? Any employee who falls ill or is injured off the job (not work-related).
• How many days? The length depends on the employee’s total years of service and years with the current employer. A common formula:
  • Less than 10 years total service: up to 3 months
  • 10 years or more: up to 6 months
  • For serious illnesses, longer periods may be granted by a doctor.
• Payment: The employer pays a percentage of the employee’s normal wage, typically between 60% and 100%, depending on local rules. The minimum is usually 80% of the local minimum wage.
• Legal basis: Labor Contract Law Article 40, and the Notice on the Implementation of the Medical Leave System (an older but still referenced regulation).

3. Marriage Leave

• Who is eligible? Employees who get married while employed. Both men and women are eligible.
• How many days? The standard is 3 days nationwide, but many cities (e.g., Beijing, Shanghai, Guangzhou) offer up to 7–10 days if the employee is in a late marriage (over 23 for women, 25 for men). However, as of 2026, the “late marriage” bonus has been removed in some areas, so check local rules.
• Payment: Full wages.
• Legal basis: Labor Contract Law and local population and family planning regulations.

4. Maternity Leave

• Who is eligible? Female employees who give birth.
• How many days? The national minimum is 98 days (including 15 days pre-birth and 15 days post-birth). Many provinces add extra days:
  • For a normal birth: 98 days + local bonus (e.g., 30 days in Guangdong, 60 days in Beijing).
  • For a caesarean section or multiple births: additional 15 days for each extra child.
  • Total can range from 98 to 158 days or more.
• Payment: Maternity insurance covers 100% of the average wage during the leave. If the employer has not paid into the insurance, the employer must pay the full wage.
• Legal basis: Special Provisions on the Protection of Female Employees (2012) and local regulations.

5. Paternity Leave (Father’s Leave)

• Who is eligible? Male employees whose spouse gives birth.
• How many days? No national standard. Most provinces offer 7–15 days. For example, Shanghai gives 10 days, Beijing gives 15 days. Check your local rules.
• Payment: Full wages.
• Legal basis: Local population and family planning regulations.

6. Bereavement Leave

• Who is eligible? Employees who need to attend the funeral of a direct family member (spouse, parents, children, grandparents, siblings).
• How many days? Usually 1–3 days, depending on local rules and the employer’s policy. No federal law specifies a number, but it is a customary right.
• Payment: Full wages.
• Legal basis: Customary practice and local regulations (e.g., some cities include it in their labor protection rules).

Step 3: Practical Steps to Claim Your Leave

1. Review your employment contract and company handbook. Your employer may have policies that are more generous than the law (e.g., extra annual leave days).
2. Submit a written request in advance. For annual leave, give at least 7 days’ notice. For marriage or bereavement leave, provide supporting documents (e.g., marriage certificate, death certificate).
3. Keep records. Save copies of your leave request, approval, and any communications. This helps if there is a dispute.
4. If your employer refuses: First, politely remind them of the legal requirement. If they still refuse, you can file a complaint with the local labor dispute arbitration committee or call 12333 (the national labor hotline).

Step 4: Important Caveats and Common Pitfalls

• Probation period: You are entitled to paid leave during probation, but the amount may be prorated based on your start date.
• Part-time employees: They are generally not entitled to paid annual leave, but may be entitled to other leaves (e.g., sick leave) on a pro-rata basis.
• Unpaid leave: Some leaves (e.g., personal leave) are unpaid unless the employer agrees otherwise.
• Local variations: Always check your city or province’s rules. For example, in Shenzhen, paternity leave is 15 days, while in Chengdu it is 10 days.
• Expiration: Unused annual leave does not automatically roll over indefinitely. Many employers require it to be used within 12 months.

Frequently Asked Questions (FAQ)

Q1: Can my employer force me to take annual leave on public holidays?

No. Public holidays (e.g., Chinese New Year, National Day) are separate from annual leave. Your employer cannot require you to use annual leave to cover a public holiday. If they do, you can refuse and report them.

Q2: What happens if I resign and have unused annual leave?

Your employer must compensate you for any unused annual leave at a rate of 300% of your daily wage for those days. If they refuse, you can claim this through labor arbitration.

Q3: Is maternity leave fully paid if the employer does not pay maternity insurance?

Yes. If the employer has not enrolled you in the social insurance system (including maternity insurance), they are legally required to pay your full salary during maternity leave. This is a common issue with small employers.

Q4: Can I take sick leave for mental health reasons?

Yes, as long as you have a medical certificate from a licensed doctor. Mental health conditions are treated the same as physical illnesses under sick leave rules.

Q5: Do I need to work for a full year before getting marriage leave?

No. Marriage leave is available from day one of your employment, as long as you are married during your employment. You do not need to wait one year.

Final Note: When to Seek Legal Help

While this guide covers the basics, every situation is unique. If your employer denies your leave, pays you less than required, or retaliates against you for taking leave, you have rights. You can contact the local labor bureau, call 12333 for general guidance, or consult a lawyer.

Laws and regulations are subject to change