Statutory annual leave in China is determined by an employee's total work tenure, not just their time with the current employer. The table below outlines the leave entitlements based on work tenure:
Work Tenure | Days of Leave |
Less than one year | No leave |
1-10 years | 5 days |
10-20 years | 10 days |
Over 20 years | 15 days |
Employees with less than one year of cumulative work experience are not entitled to statutory annual leave. However, leave entitlements are based on total work years across all employers.
For newly hired employees, annual leave can be calculated using the following formula:
Annual Leave Entitlement = (Number of days working for the current employer in that year ÷ 365) × Total annual leave entitlement for that year
Paid annual leave excludes statutory rest days, public holidays, and other additional holidays like maternity or paternity leave.
Circumstances Where Annual Leave Cannot Be Taken
Employees cannot take paid annual leave under the following circumstances:
If the employee is entitled to summer and/or winter holidays exceeding their annual leave.
If the employee takes at least 20 days of paid personal affairs leave.
If the employee has 1-10 years of accumulated working time and takes sick leave of at least two months.
If the employee has 10-20 years of accumulated working time and takes sick leave of at least three months.
If the employee has over 20 years of accumulated working time and takes sick leave of at least four months.
Unused Annual Leave
For unused annual leave, employers are required to pay the employee 200% of their average daily wage for each day of unused leave, in addition to the regular daily wage. The daily wage is calculated as:
Daily Wage = Employee’s average monthly salary ÷ 21.75 days
Overtime payments are excluded from the calculation of the average monthly salary.
Child-Related Leaves and Benefits
China provides several child-related leaves including prenatal check-ups, maternity, paternity, and childcare leave. These benefits vary by province.
Prenatal Check-Up
Pregnant employees are entitled to paid leave for prenatal check-ups starting from the 12th week of pregnancy. Protective measures for pregnant employees include no termination during pregnancy, maternity leave, or the breastfeeding period, and no overtime or night hours from the seventh month of pregnancy until the child is one year old.
Maternity Leave
Maternity leave is divided into basic leave and additional leave granted by local governments. Basic maternity leave for a normal childbirth is 98 days, with extensions possible under certain conditions. The table below shows maternity leave entitlements in various regions:
Province | Basic Maternity Leave (Days) | Local Extra Maternity Leave (Days) | Total Maternity Leave (Days) |
Anhui | 98 | 60 | 158 |
Beijing | 98 | 60 | 158 |
Chongqing | 98 | 80 | 178 |
Fujian | 98 | 60~82 | 158~180 |
Gansu | 98 | 82 | 180 |
Guangdong | 98 | 80 | 178 |
Guangxi | 98 | 60/70/80 | 158/168/178 |
Hainan | 98 | 3 months | 98 + 3 months |
Hebei | 98 | 60/90 | 158/188 |
Henan | 98 | 3 months | 98 + 3 months |
Hubei | 98 | 60 | 158 |
Hunan | 98 | 60 | 158 |
Inner Mongolia | 98 | 60/90 | 158/188 |
Jiangsu | 98 | 60 | 158 |
Jiangxi | 98 | 90 | 188 |
Jilin | 98 | 82 | 180 |
Liaoning | 98 | 60 | 158 |
Ningxia | 98 | 60 | 158 |
Qinghai | 98 | 90 | 188 |
Shaanxi | 98 | 60/70/75/85 | 158/168/173/183 |
Shandong | 98 | 60 | 158 |
Shanghai | 98 | 60 | 158 |
Shanxi | 98 | 60 | 158 |
Sichuan | 98 | 60 | 158 |
Tianjin | 98 | 60 | 158 |
Tibet | 98 | 267-268/447-448 | 1 year/1.5 years |
Xinjiang | 98 | 60 | 158 |
Yunnan | 98 | 60 | 158 |
Zhejiang | 98 | 60/90 | 158/188 |
Note: Certain regions allow for extra leave under special circumstances, such as prenatal check-ups.
Maternity Allowance
During basic maternity leave, employees receive a maternity allowance in lieu of salary, funded by the local social security bureau. The formula for calculating the maternity allowance is:
Maternity Allowance = (Company’s average salary over the last 12 months ÷ 30) × Maternity leave days
If the employee is not enrolled in maternity insurance, the employer must pay the average salary during maternity leave.
Paternity Leave
Paternity leave is available for legally married male employees whose wives have given birth. The duration of paternity leave varies by region, as determined by local regulations.
Childcare Leave
Childcare leave, also known as parental leave, is granted to employees for the care of their children under a certain age. The specifics of this leave, including duration and pay, vary by region.
Sick Leave
Employers have flexibility in determining the number of paid sick days, but there are stricter rules for the recuperation period. During this time, employers cannot terminate the employee and must pay a portion of their salary. The duration of the recuperation period is set by local regulations and varies by region.
Marriage Leave
Newly-wed employees are entitled to paid marriage leave, with the duration varying by region. Most regions in China grant at least three days of leave for newly married employees.
Public Holidays
China's General Office of the State Council releases the official holiday schedule annually in December. Below is the schedule for public holidays in 2024:
Date | Name | Type |
January 1, 2024 | New Year’s Day | Public holiday |
February 4, 2024 | Adjusted Working Day | Working day on the weekend |
February 10-17, 2024 | Spring Festival Holiday | Public holiday & adjusted rest days |
March 8, 2024 | International Women’s Day | Half-day holiday for female employees |
April 4-6, 2024 | Tomb Sweeping Festival | Public holiday & weekend |
May 1-5, 2024 | Labor Day Holiday | Public holiday & adjusted rest days |
June 10, 2024 | Dragon Boat Festival | Public holiday |
September 14-17, 2024 | Mid-Autumn Festival | Public holiday & adjusted rest days |
October 1-7, 2024 | National Day Holiday | Public holiday & adjusted rest days |
October 12, 2024 | Adjusted Working Day | Working day on the weekend |
Notes on Adjusted Workdays
Adjusted working days are often scheduled to extend holiday periods by moving weekends to regular workdays. Employers should be aware that triple pay is only applicable for working on the original public holidays, while working on adjusted days usually qualifies for double pay.
Private companies have the flexibility to set their own holiday schedules as long as they align with the official calendar.
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