Your China-based employee has fallen ill or suffered an injury outside of work. What now? Here’s what you should know about sick leave in China:
How Much Sick Leave Can an Employee Take?
In China, workers can take sick leave when they fall sick or get hurt outside of work.
This is distinct from work injury insurance, which covers work-related injuries and has different regulations.
The duration of sick leave that an employer is obligated to provide isn’t one-size-fits-all. The length of sick leave an employee can take depends on two factors:
- How long they’ve worked in total (at all jobs)
- How long they’ve worked at their current company
For employees with less than 10 years of total work experience:
| Years at Current Job | Maximum Sick Leave |
|---|---|
| Less than 5 years | 3 months |
| 5 years or more | 6 months |
For employees with 10 years or more of total work experience:
| Years at Current Job | Maximum Sick Leave |
|---|---|
| Less than 5 years | 6 months |
| 5 to 9 years | 9 months |
| 10 to 14 years | 12 months |
| 15 to 19 years | 18 months |
| 20 years or more | 24 months |
In some cases, sick leave can be extended if the Labor Capacity Appraisal Centre (a government-authorized institution in China responsible for assessing an individual’s ability to work) confirms the employee has completely lost their ability to work.
Compensation for Sick Leave in China
Sick leave pay in China varies by region. Typically, employers must pay between 60% and 100% of an employee’s regular salary. However, some regions base the amount on local minimum wage.
How much an employee should be paid during sick leave is based on two factors:
- How long they’ve worked at your company
- How long they’ve been on leave
For instance, here are the rules for Shanghai.
For the first 6 months of sick leave, Shanghai employers must pay:
| Employment Duration | Sick-Leave Pay (Percentage of Regular Wage) |
|---|---|
| Less than 2 years | 60% |
| 2 to 4 years | 70% |
| 4 to 6 years | 80% |
| 6 to 8 years | 90% |
| Over 8 years | 100% |
After 6 months of sick leave, Shanghai employers must pay:
| Employment Duration | Sick-Leave Pay (Percentage of Regular Wage) |
|---|---|
| Less than 1 year | 40% |
| 1 to 3 years | 50% |
| Over 3 years | 60% |
This structure is similar in most regions, though some localities may have simpler structures with fewer tiers.
For example, in Tianjin, employees only need to be paid 80% of Tianjin’s minimum wage, which is 2,320 yuan* ($320) per month. This amounts to around 85 yuan per day and can be paid for up to a maximum of 24 months.
Check the local labour regulations in your specific city or province to ensure compliance. If you need assistance clarifying the rules in your region, contact us.
*As of September 2024.
Employer Obligations
- You cannot terminate an employee during their statutory sick leave period, except in cases of serious misconduct.
- If an employee’s contract expires while they’re on sick leave, you must extend it until the end of the leave period.
Certification Requirements
To qualify for sick leave, employees need to obtain an official medical certificate from a hospital doctor. This certificate should include the employee’s name, job title, medical diagnosis, and prescribed duration of leave.
Employers have the right to require employees to be examined at a designated hospital for longer periods of leave.
Need Help With Sick Leave?
Need help with handling sick leave for your China team? Let us handle the complexities of employment regulations while you focus on growing your business.
Book a quick chat with us to discover how our employment services can streamline your operations in China.
