Mandatory Annual Leave Entitlement in China
| Year of Service “N” | Annual Leave to be Entitled |
|---|---|
| 1 ≤ N < 10 | 5 Days |
| 10 ≤ N < 20 | 10 Days |
| N ≥ 20 | 15 Days |
- Year of service started from employee’s FIRST job
- Could be prorated for new joiners and leavers
- Untaken mandatory annual leave must be cash out when termination
- Overtaken mandatory annual leave CAN’T be deducted from salary income
- Employer is required to keep leave record, e.g. through leave system
- The employer can enhance leave usage policy in Employee Handbook if necessary.
Regulations and Compliance
Employers must ensure that employees take their entitled annual leave. If the leave is not taken within the year, it may be carried forward to the next year, but specific company policies may apply. Employers should have clear policies in place to manage annual leave accrual and usage and get employees’ acknowledgement on the policies. Non-compliance with these regulations can lead to legal disputes and employee dissatisfaction.
Additional Leave Types
In addition to annual leave, employees may be entitled to various other types of leave:
- Marriage Leave: 3-30 days
- Maternity Leave: 158-188 days
- Childcare Leave: 5-20 days
- Paternity Leave: 10-30 days
- Eldercare Leave: 5-20 days
- Funeral Leave: 1-3 days
*This differs in different cities across different provinces.
General Public Holidays in China
| Public Holiday | Month | Duration |
|---|---|---|
| New Year’s Day | January | 1 Day |
| Spring Festival | January / February | 4 Days |
| Tomb-Sweeping Day | April | 1 Day |
| Labour Day | May | 2 Days |
| Dragon Boat Festival | June | 1 Day |
| Mid-Autumn Festival | September / October | 1 Day |
| National Day | October | 3 Days |
| Special Holiday | Applicable | Date | Duration |
|---|---|---|---|
| Women’s Day | Female | Mar 8th | 0.5 Day |
| Youth’s Day | Younger than 28 | May 4th | 0.5 Day |
| Minority Holiday | Applicable | Date | Duration |
|---|---|---|---|
| Corban Festival* | Xinjiang Region | Govern announce | 1 Day |
If the public holiday meets weekend, shall compensate leave in working days; not suitable for special holidays.
* Example of local rules for national minority group.
Sick Leave Payment
Country Level Policy:
Sick leave pay must comply with:
- Local wage payment policies (where applicable),
- Employers and employees may stipulate terms in employment contracts,
- Payments shall not be lower than 80% of the local minimum wage standard.
Province Level Example:
| City | Continuity Sick Leaved Less Than 6 Months | Continuity Sick Leave More Than 6 Months |
|---|---|---|
| Shanghai |
|
|
| Beijing | Not below 80% of the city’s minimum wage standard. | Not below 80% of the city’s minimum wage standard. |
| Shenzhen, Guangdong | No less than 60% of their regular wages for normal working hours, and not below 80% of the city’s minimum wage standard. | No less than 60% of their regular wages for normal working hours, and not below 80% of the city’s minimum wage standard. |
Importance of Annual Leave
Providing adequate annual leave is important for several reasons:
- Employee Well-being: Helps reduce stress and burnout. Regular breaks from work improve mental health and job satisfaction.
- Productivity: Ensures employees return to work refreshed and motivated, leading to increased productivity and creativity.
- Legal Compliance: Avoids potential legal issues and fines by adhering to labour laws. Compliance with leave regulations also enhances the company’s reputation as a fair employer.
Employers should encourage employees to utilize their annual leave to maintain a healthy work-life balance and improve overall job satisfaction.
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Please note that all the information listed below are to be used as a general guideline. For more detailed accounts of China employment laws and regulations, please visit the official governmental websites.
Updated on: September 2025
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