Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of China. This article explains China’s leave laws, including Marriage leave Annual Leave Public Holiday Paternity leave Sick Leave Maternity Leave Bereavement Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Marriage leave | 3 to 10 days | Not applicable | Not applicable | Not applicable | Not applicable |
Annual Leave | Varies based on years of service | Accrued based on years of service | Limited carry over allowed | Paid out | Typically not paid out |
Public Holiday | Mandatory national holidays | Not applicable | Not applicable | Not applicable | Not applicable |
Paternity leave | Typically 7 to 30 days | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | Varies by length of service and severity of illness | Not typically accrued | Not applicable | Not paid out | Not applicable |
Maternity Leave | 98 days standard | Not applicable | Not applicable | Not applicable | Not applicable |
Bereavement Leave | 3 to 7 days | Not applicable | Not applicable | Not applicable | Not applicable |
Marriage leave entitlement varies by region, with most areas offering between 3 to 10 days. The specific amount of days is determined by local regulations.
Employees must provide advance notice to take marriage leave, with the required notice period typically specified by company policy.
Marriage leave requires approval from the employer. Employees usually need to submit a marriage certificate or other proof of the wedding.
Additional marriage leave beyond the local statutory entitlement is not generally available, although some employers may offer more generous terms.
Marriage leave is a one-time entitlement per employee and does not accrue over time.
Marriage leave cannot be carried over as it is intended for use around the time of marriage and is a one-time benefit.
Unused marriage leave is not paid out upon termination, as it is a one-time entitlement meant to be used at the time of one's wedding.
There is no end of year payout for marriage leave as it does not accrue and is intended for one-time use.
To apply for marriage leave, employees are generally required to provide proof of marriage, such as a marriage certificate, to their employer.
Employees with 1 to 10 years of service get 5 days of annual leave. Those with 10 to 20 years receive 10 days, and more than 20 years grants 15 days.
The exact notice period for annual leave can vary by company policy but generally requires advance notice and scheduling to ensure business operations are not disrupted.
Annual leave requires prior approval from management. The approval process typically considers both the needs of the employee and the impact on the company's operations.
Additional annual leave can be granted at the discretion of the employer or through specific employment contracts or collective agreements.
Annual leave is accrued annually based on the total number of years an employee has worked for any employer, as recognized by the state labor laws.
Carrying over annual leave to the next year is typically limited. Unused leave may be carried over according to company policy, usually for a limited period.
Unused annual leave is paid out on termination of employment based on the employee's current wage rate.
End of year payout for unused annual leave is not common practice in China; however, company-specific policies may vary.
Employees are eligible to start accruing annual leave after completing one full year of service with an employer.
Employees are entitled to take off on national public holidays, which include New Year's Day, Chinese New Year, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day.
No notice period is required for public holidays as these are pre-determined by the government each year.
Approval is not required for public holidays as they are legally mandated.
Additional quota for public holidays is not applicable as these days are fixed by law.
There are no accrual rules for public holidays; they are available to all employees regardless of length of service.
Carry over rules do not apply to public holidays as these holidays must be observed on the specified dates.
There is no payout for public holidays on termination as these do not accumulate.
Unused public holidays cannot be paid out as they are designated for specific dates only.
The government may adjust public holiday dates in specific years to accommodate extended holiday periods, often allowing for a longer break by bridging weekends.
Paternity leave quotas can vary significantly depending on the province. Some areas offer as little as 7 days, while others provide up to 30 days.
Employees are generally required to give advance notice before taking paternity leave, the duration of which can depend on regional regulations and company policies.
Paternity leave requires approval from the employer, and employees may need to provide documentation such as a birth certificate or medical documents related to the childbirth.
Additional paternity leave beyond the statutory or regional quota is not commonly available, though employers may provide greater leave at their discretion.
Paternity leave is not accrued but is granted per childbirth event.
Carry over rules do not apply to paternity leave as it must be used for a specific childbirth event.
Paternity leave is not eligible for payout on termination, as it is intended for use during the childbirth period only.
There is no end of year payout for paternity leave as it does not accrue annually.
The specifics of paternity leave, including duration and eligibility, can vary widely between different regions within China.
Sick leave entitlement and pay rate can vary significantly. Typically, the duration depends on the employee's years of service and the nature of the illness, with longer leaves available for more severe conditions.
Employees are required to notify their employer as soon as possible and typically must provide a medical certificate, especially for extended periods of sick leave.
Sick leave generally requires approval from the employer, often contingent upon submission of appropriate medical documentation.
Additional sick leave beyond the standard quota may be granted based on medical advice and employer policies.
Sick leave is not accrued but is granted based on immediate health needs as certified by a healthcare provider.
Sick leave does not carry over to the next year as it is intended for immediate use in the year it is needed.
Unused sick leave is not paid out upon termination as it is intended only for instances of illness.
There is no payout for unused sick leave at the end of the year.
Specific rules and entitlements for sick leave can vary significantly between different regions and according to individual employment contracts.
Maternity leave is typically granted for 98 days, which includes prenatal and postnatal periods. Additional leave may be granted in cases of complications or multiple births.
Employees are required to provide advance notice when taking maternity leave, typically several weeks prior to the expected delivery date. The exact timing can be subject to company policy.
Maternity leave typically requires formal approval from the employer, often necessitating submission of medical documentation related to the pregnancy.
Additional maternity leave can be granted in the event of pregnancy complications or multiple births, as stipulated by national or local regulations.
Maternity leave does not accrue over time but is a fixed entitlement per pregnancy.
Carry over rules do not apply to maternity leave as it is tied to each individual pregnancy event.
Maternity leave is not subject to payout on termination, as it must be used in relation to a specific pregnancy.
There is no end of year payout for maternity leave as it does not accrue annually but is granted per pregnancy.
During maternity leave, employees are protected from dismissal except in cases not related to the pregnancy or leave, such as gross misconduct.
Bereavement leave is typically available for 3 to 7 days, depending on the closeness of the deceased relative and regional regulations.
Employees are required to inform their employer as soon as possible in the event of the death of a close relative to take bereavement leave.
While typically granted due to the nature of the event, bereavement leave still requires formal notification and approval from the employer.
Additional bereavement leave beyond what is stipulated by regional laws is not generally available, though some employers may offer extended leave.
Bereavement leave does not accrue and is granted as needed based on specific bereavement situations.
Carry over of bereavement leave is not applicable as it is granted based on specific instances of family deaths.
Bereavement leave is not eligible for payout on termination as it is intended to be used during the bereavement period only.
There is no end of year payout for bereavement leave as it does not accrue.
Bereavement leave is generally available for the death of immediate family members, including parents, spouses, children, and sometimes extending to grandparents and siblings, depending on regional regulations.
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