Employment & Sick Leave Details
Your regular monthly pay before deductions
Determines the medical treatment period length
Determines the sick pay ratio tier (Shanghai rule)
Sick pay rules vary by province and city; pick the closest reference
Calendar days of certified sick leave
Used for the 80% minimum-wage floor check โ check your city's current figure
Sick Leave Result
How China sick leave pay works
Medical treatment period (medical period) is set by the 1994 MOLSS rules: for employees with under 10 total working years, 3 months (under 5 years at the employer) or 6 months (5 years or more); for 10 or more total years, 6, 9, 12, 18 or 24 months by tenure at the employer. During this period the employer cannot terminate under Articles 40 or 41 of the Labor Contract Law.
Sick pay ratios are set locally. The Shanghai rule pays 60% under 2 years of service, 70% for 2โ4, 80% for 4โ6, 90% for 6โ8 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%โ100% 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.
Sick pay ratios are set locally. The Shanghai rule pays 60% under 2 years of service, 70% for 2โ4, 80% for 4โ6, 90% for 6โ8 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%โ100% 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.
โ FAQ
What is the medical treatment period in China?
Depending on total working years and years at the current employer, employees are entitled to a protected medical treatment period of 3 to 24 months. During this period the employer cannot terminate the contract on no-fault or redundancy grounds.
How much sick pay do I get in China?
Sick pay is set by local rules. Shanghai uses 60%โ100% of a base equal to 70% of normal wages by tenure; Shenzhen pays at least 60% of normal wages. Sick pay may fall below the minimum wage but never below 80% of it.
Can my employer terminate me while I am on sick leave?
Not during the statutory medical treatment period on no-fault or redundancy grounds. Termination during the medical period generally counts as unlawful dismissal, triggering 2N compensation. After the medical period, Article 40(1) termination requires 30 days' notice or one month's pay in lieu plus severance N.
Is sick leave pay taxed in China?
Yes. Sick pay is treated as salary income and is subject to individual income tax together with your monthly payroll, through the same monthly withholding and annual reconciliation.