Employment & Sick Leave Details
Sick Leave Result
How China sick leave pay works
Sick pay ratios are set locally. The Shanghai rule pays 60% under 2 years of service, 70% for 2β4, 80% for 4β6, 90% for 6β8 and 100% from 8 years, applied to a base of 70% of normal wages when nothing is agreed. Shenzhen pays at least 60% of normal wages. Most other regions use similar 60%β100% tiers.
The 80% floor: under the 1995 MOLSS interpretation (Art. 59), sick pay may fall below the local minimum wage but not below 80% of it. Statutory social insurance contributions continue during sick leave.
After the medical period: if the employee cannot resume original or reassigned work, the employer may terminate under Article 40(1) with 30 days' notice (or one month's pay in lieu) plus statutory severance N.
Medical treatment period (ε»ηζ)
China's medical treatment period is the period during which an employer cannot terminate the labor contract due to illness or non-work injury. The length depends on the employee's total cumulative working years and the years at the current employer:
- Under 10 years total service: Under 5 years at current employer = 3 months; 5+ years at current employer = 6 months
- 10+ years total service: Under 5 years = 6 months; 5-10 years = 9 months; 10-15 years = 12 months; 15-20 years = 18 months; 20+ years = 24 months
The medical period is measured cumulatively: a 3-month period is counted over 6 months, 6 months over 12 months, 9 months over 15 months, and so on.
Sick leave pay rates during the medical period
During the medical treatment period, the employer must pay sick leave salary at a rate not lower than 80% of the local minimum wage. Many localities have more specific rules based on years of service:
- Shanghai: 60%-100% of salary depending on continuous service years (under 2 years: 60%, 2-4 years: 70%, 4-6 years: 80%, 6-8 years: 90%, 8+ years: 100%)
- Beijing: Not less than 80% of the minimum wage
- Guangdong: 60%-100% based on years of service
Specific rates vary significantly by locality, so employees should check the local regulations.
What happens after the medical period ends
If the employee is unable to return to work after the medical period expires, the employer may:
- Arrange for a different position that the employee can perform
- If the employee cannot perform either the original or reassigned work, terminate the contract under Article 40 with 30 days' notice or 1 month's payment in lieu, plus economic compensation (N)
The employer may also require a medical examination to confirm the employee's fitness for work.
Required documentation
To qualify for sick leave pay, employees generally need to provide:
- A medical certificate (η εθ―ζ) from a registered hospital or clinic
- Medical records and diagnosis documents
- Written notice to the employer as soon as possible
The employer cannot require the employee to work during the medical period. Retaliation for taking sick leave is prohibited.
Interaction with other benefits
During sick leave, the employee's social insurance contributions continue to be paid by both employer and employee as normal. Sick leave does not count as annual leave, and the employee retains all other statutory rights. If the illness is work-related (occupational disease or work injury), different rules apply under the work injury insurance system, including potentially longer treatment periods and full salary during theεε·₯ηθͺζ (work injury suspension period).