Disclaimer: This article provides general guidance on Chinese labor regulations. For specific legal advice regarding your situation, consult with a qualified labor law professional in your municipality.
Securing sick leave in China involves more than just calling in unwell—it requires navigating specific legal procedures that differ significantly from Western practices.
For foreign employees, understanding these regulations is crucial to protect your rights and ensure proper compensation during medical absences.
Understanding China’s Sick Leave Entitlements
Chinese labor law provides sick leave (病假, bìngjià) for non-work-related illnesses or injuries, with protections against termination during this period.
The duration and compensation depend primarily on two factors: your total years of work experience and your seniority at your current company.
Sick Leave Duration Framework
According to the Chinese Labor Contract Law and implementing regulations, sick leave entitlements follow this structure:
- Employees with <5 years at current employer and <10 years total experience: 3 months of sick leave
- Employees with ≥5 years at current employer and <10 years total experience: 6 months of sick leave
- Employees with ≥10 years total experience and <15 years at current employer: 12 months of sick leave
- Employees with ≥20 years total experience and ≥15 years at current employer: 24 months of sick leave
These periods represent the minimum legal entitlements. Some municipalities or employment contracts may offer more generous terms.
Sick Leave Wage Calculations
During sick leave, you’re entitled to a percentage of your regular wage, calculated based on your seniority with your current employer:
| Years with Current Employer | Sick Leave Wage Percentage |
|---|---|
| Less than 2 years | 60% of your daily wage |
| 2 years but less than 4 | 70% of your daily wage |
| 4 years but less than 6 | 80% of your daily wage |
| 6 years but less than 8 | 90% of your daily wage |
| 8 years or more | 100% of your daily wage |
Important note: The “daily wage” is typically calculated as your monthly salary divided by 21.75 (the standard number of working days per month in China).
Step-by-Step: How to Properly Request Sick Leave
1. Obtain an Official Medical Certificate
When ill, you must visit a hospital—not a clinic—to obtain a formal sick leave certificate (病假证明, bìngjià zhèngmíng).
This document must include:
- Hospital seal and doctor’s signature
- Recommended sick leave duration
- Date of examination
- Diagnosis (though specifics may be generalized for privacy)
2. Notify Your Employer Promptly
Submit the certificate to your HR department immediately.
Most companies require notification within 24 hours of your absence.
Delayed submission risks having your leave classified as unauthorized absence.
3. Understand Regional Variations
Chinese municipalities have differing implementing regulations. For example:
- Shanghai: Generally follows national standards but has specific rules for extended sick leave
- Beijing: May have different calculation methods for sick leave wages
- Shenzhen: Often has more employee-friendly interpretations of sick leave regulations
Always consult your local Human Resources and Social Security Bureau (人力资源和社会保障局) for precise regional guidelines.
Employer Obligations and Your Rights
During your sick leave, your employer must:
- Continue social insurance payments throughout your sick leave period
- Refrain from termination while you’re on approved sick leave
- Extend employment contracts that expire during sick leave until the leave period concludes
- Pay sick leave wages according to the statutory percentages and timelines
Common Pitfalls and How to Avoid Them
- Using the Wrong Medical Facility: Only certificates from grade 2 or 3 hospitals (二级/三级医院) are universally accepted. Small clinics are often insufficient.
- Misunderstanding “Severe Illness” Provisions: For certain serious conditions, you may qualify for extended medical treatment periods beyond standard sick leave. These require additional documentation and approval.
- Overlooking Contractual Terms: Some employment contracts contain more favorable sick leave terms than statutory minimums. Always review your contract alongside legal requirements.
- Failing to Document Communications: Keep records of all sick leave submissions and employer acknowledgments. Email is preferable to verbal communication for traceability.
Practical Example: Calculating Sick Leave Pay
Consider Maria, a foreign professional in Shanghai with 3 years at her current employer and a monthly salary of ¥25,000:
- Daily wage: ¥25,000 ÷ 21.75 = ¥1,149.43
- Applicable percentage (3 years with employer): 70%
- Sick leave daily pay: ¥1,149.43 × 70% = ¥804.60 per day
If Maria takes 5 days of sick leave with proper documentation, she should receive ¥4,023 for that period.
Special Considerations for Foreign Employees
Foreign employees should be particularly mindful of:
- Visa implications: Extended sick leave shouldn’t affect your work visa if properly documented, but maintain communication with HR
- Cultural expectations: Some Chinese workplaces may emphasize presence over formal sick leave—know your legal rights regardless of workplace culture
- Document translation: Consider obtaining an English translation of your sick leave certificate for your records, though the Chinese original is legally binding
Action Plan When Facing Issues
If your employer denies legally entitled sick leave:
- Formally request in writing, citing specific articles of the Labor Contract Law
- Contact local labor arbitration authorities if unresolved internally
- Document all evidence including certificates, communications, and payment records
- Consult a legal professional specializing in Chinese labor law for foreign nationals
Conclusion
Navigating sick leave in China requires understanding both national laws and local implementation.
By obtaining proper documentation, submitting it promptly, and knowing your entitlement calculations, you can ensure your rights are protected during medical absences.
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