【LEAVES】What are the standard leaves policies in China?

INTRODUCTION


The paid leave granted to workers by law in China mainly includes: statutory holidays or commemorative days, paid annual leave, marriage leave, maternity leave, birth control surgery leave, miscarriage leave, maternity examination leave, maternity care leave (for men), breastfeeding leave, work injury leave (leave without pay), sick leave, parental leave, and care leave for families with one child.


I. Public Holidays for all citizens is 11 days,:


New Year's Day;1 day
Spring Festival; (Luna Calendar)3 days
Qingming Festival1 day
Labour Day1 day
Dragon Boat Festival1 day
Mid-Autumn Festival1 day
National Day3 days

for more specific dates of Public Holiday in 2023, please click ☞  ☞ 


II. The holidays on which some citizens take holidays are:


Women's Day (8 March),a half-day holiday for women;
Youth Day (4 May)a half-day holiday for young people over 14 years of age;
Children's Day (1 June)a one-day holiday for children and adolescents under 14 years of age
the anniversary of the founding of the Chinese People's Liberation Army (1 August)a half-day holiday for active-duty military personnel. 

 

III. Paid Annual Leaves（PAL）


i. Statutory Entitlement (Minimum)


Employee with total experience less than 10 years5 days
Employee with total experience more than 10 years but less than 20 years10 days
Employee with total experience, more than 20 years

15 days


ii. Carryover & Encashment

  • Primary responsibility of PAL Arrangement: by Employer.  ( note:  Employer shall arrange the annual leave for the employee in accordance with the specific circumstances of production and work and taking into account the employee's own wishes, but in principle, the specific arrangements for annual leave with pay shall be finally decided by the employee)
  • Employer shall do its best to ensure all annual leave days are taken during the year
  • In the event Employer was not able to accept all annual leave requests by employee, untaken leave can be accrued and carried over to next year
  • In the event employer is never able to grant annual leave due to work needs, employer shall pay 300% of the # of leave days to the employee.

iii. PAL Entitlement Prorata for incomplete calendar year worked

  • STATUTORYway for prorata 

    = Rounddown(X/365*days enttitled for full year,0）

    X=Valid days of employment in the calendar year


III. Sick Leaves

  • Common Practice：5-8 working days at full-paid (Highly Recommended)
  • Statutory Minimum: specific days but depending on documented medical prescription by general hospitals at 60% - 100% pay depending on the Seniority, but it must be higher than 80% of minimum salary announced by the municipality.


IV. Other Leaves

There are also specific rules for some of the holidays that vary from region to region across the country

Wedding leave

3 - 30 consecutive calendar days depending on work locations
Maternity leave98 - 158 consecutive calendar days depending on maternity situations  and work locations
Miscarriage leave20-98 consecutive calendar days, depending on maternity situations
Bereavement leave1-3 consecutive calendar days
Breastfeeding leave1 hour per infants per working days until 1-year-old 
Parental leave（3- yrs old kid)5-15 working days depends on work locations
Elder Nursing leave5-15 working days depends on work locations



 

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