OUTLINE
Leave in China
Maternity, paternity, and parental leave in China
Adoption leave in China
Other types of leave in China
Public holidays in China
Protect your employees and your business
Leave and time off in China
Employees in China are entitled to various types of leave under national labour law. These entitlements aim to support rest, recovery, and family life. While some apply nationwide, others vary by province or are shaped by company policy. Understanding the legal requirements and cultural expectations around leave and time off in China is key to staying compliant and supporting your workforce.
In this section, we explore the different types of leave available to employees in China, including annual leave, sick leave, maternity and paternity leave, and parental leave. We also cover other forms of leave, such as marriage leave, bereavement leave, and regional entitlements like menstrual or family care leave. You’ll also find an overview of public holidays and weekend adjustments, which are a unique feature of the Chinese working calendar.
Leave in China
Employees around the world are generally entitled to a certain amount of paid time off per year. In China, annual leave and sick leave entitlements may vary by province and depending on the employee’s years of service. Read on to find out what you need to know as an employer.
Annual leave in China
Paid annual leave in China is dependent on the employee’s years of service. Employees are not entitled to paid annual leave during the first year of employment. After the first year, they are entitled to five days of paid leave, which rises to 10 days after ten years of service. After 20 cumulative years of service, employees are entitled to fifteen days of annual leave.
While this may not seem very generous compared to other countries, it’s important to note that annual leave in China is granted in addition to public holidays, which include two week-long holiday periods each year (for Chinese New Year and National Day).
Sick leave in China
Employers in China are generally required to grant paid sick leave to their employees if they are too ill to work. As a general rule, employees are typically entitled to the following amounts of leave based on their years of employment (though specific entitlements vary by province):
- Less than five years of employment: Three months.
- 5–10 years of employment: 6–9 months (varies by region).
- 10–15 years of employment: 12–18 months (varies by region).
- 15–20 years of employment: 24 months.
In general, sick pay is between 60% and 100% of the employee’s normal wages. However, sick pay may not be lower than 80% of the local minimum wage. An employee’s entitlement to sick leave and sick pay should be outlined in their employment contract.
Maternity, paternity, and parental leave in China
Employees in China have the right to time off work if they or their partner has a baby. Exact entitlements to maternity, paternity, and parental leave in China vary depending on the province where the employee works — read on for everything you need to know as an employer.
Maternity leave in China
Female employees in China are entitled to a statutory minimum of 98 days of paid maternity leave. Additional leave may be available depending on the province — for example, both Shanghai and Beijing offer 158 days of maternity leave. Maternity leave can be taken from 15 days before the due date. Maternity pay is calculated based on the employee’s average monthly wages in the year preceding the leave, or 3x the local minimum wage (whichever is higher).
Additional rights for mothers in China
Employees generally also have the right to additional leave for difficult deliveries and multiple births. After the seventh month of pregnancy, employees have the right to a one-hour break every day. Mothers can also take up to two breastfeeding breaks of 30 minutes each per day until their child reaches one year old. Employers are prohibited from terminating an employee’s contract during pregnancy and for the year following childbirth.
Paternity leave in China
There are no national provisions for paternity leave in China. However, most provinces grant employees 20 days of paid paternity leave. In some regions, mothers can transfer part of their unused maternity leave to their partners.
Parental leave in China
China has no legal provisions for parental leave on a national level. However, some provinces provide for a certain number of days of employer-paid parental leave per year until the child reaches a certain age.
Adoption leave in China
There is currently no national provision for adoption leave in China. In some provinces, adoptive parents may be entitled to maternity, paternity, or parental leave under the same conditions as birth parents. Employers can also choose to offer adoption leave (or extended parental leave provisions) as an additional employee benefit.
Other types of leave in China
Employees may also be entitled to various other types of leave in China depending on their province and the employer’s policies. Here are a few of the most common leave types that you may come across as an employer.
Marriage leave in China
By law, employees are entitled to at least three days of paid leave to get married. Many regions, including Shanghai and Beijing, extend this entitlement to ten days or more. In Gansu and Shanxi, the entitlement is 30 days of paid leave.
Bereavement leave in China
Employees in China are typically entitled to 1–3 days of paid leave following the death of an immediate family member. Some regions expand this leave to cover deaths of in-laws or other relatives.
Elderly care leave in China
Several provinces, including Beijing and Guangdong, require employers to offer paid leave for employees caring for elderly or seriously ill parents. The exact entitlement varies by region but is generally between 10 and 20 days per year.
Menstrual leave in China
In some regions, such as Zhejiang, Shanxi and Guangdong, women who suffer from severe menstrual pain are entitled to 1–2 days of leave per month. This leave typically requires medical certification and is granted at the provincial level.
Unpaid leave in China
Unpaid leave is not regulated under national law in China, but many employers allow employees to take time off without pay for personal reasons. This type of leave is usually granted on a discretionary basis and should be agreed upon in advance.
Public holidays in China
In China, public holidays are set at the national level by the State Council and apply uniformly across the country. Unlike federal systems such as Canada, China does not have provincial public holidays for employment law purposes—national holidays apply to all employees nationwide.
China observes 7 statutory public holidays, which are often extended into multi-day holiday periods through government-arranged working day adjustments. This means employees may be required to work on certain weekends to compensate for extended holiday breaks.
If a public holiday falls on a weekend, the government typically designates make-up working days before or after the holiday to ensure continuity of business operations.
Can employees work on public holidays in China?
Yes. Chinese labour law allows employees to work on public holidays, but special compensation rules apply:
300% of the employee’s normal daily wage must be paid for work performed on a statutory public holiday.
Unlike rest days or weekends, public holiday work cannot be compensated with time off in lieu—the premium pay is mandatory.
For adjusted working days (weekends designated as workdays), normal wage rules apply.
Employers must carefully follow official holiday arrangements published annually to remain compliant.
National public holidays in China
The following are the statutory public holidays observed nationwide in China in 2026 (exact dates for lunar-based holidays are subject to official announcement):
1 January
New Year’s Day
Late January / early February (7-day holiday period).
Spring Festival (Chinese New Year)
Early April.
Qingming Festival (Tomb-Sweeping Day)
1 May.
Labour Day
June (lunar-based)
Dragon Boat Festival
September (lunar-based)
Mid-Autumn Festival
1 October (Golden Week, typically 7 days).
National Day
The Spring Festival and National Day are the longest holiday periods and have the most significant impact on business operations and payroll planning.
Key considerations for employers in China
Holiday schedules are announced annually and may change year to year.
Weekend work may be mandatory to offset extended holiday periods.
Payroll systems must correctly distinguish between:
- Statutory public holidays (300% pay).
- Rest days (200% or time off in lieu).
- Adjusted working days (normal pay).
Staying aligned with official holiday notices is essential for compliance, accurate payroll processing, and effective workforce planning in China.
Protect your employees and your business
As an employer in China, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.
Compliantly hire employees anywhere with CXC
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
Australia/New Zealand Head Office
Asia Head Office
EMEA Head Office
North America Head Office
Latin America Head Office
Level 3, 99 Walker Street
North Sydney, NSW 2060 Australia
