Under the Chinese Labor Act, the sick leave in China is established for employees who suffer from non-work-related illness or injury. During the period of medical treatment, the employer shall not terminate the employment contract and shall pay sick leave wages.
In this article, we will explain a few rules about taking the sick leave in China.
How does China’s labour law govern sick leave?
Under Chinese law, an employee suffering from a non-work-related illness or injury is entitled to sick leave for 3 to 24 months.
This depends on the number of years the employee has worked for an employer and his or her total years of work experience.
In China, minimum sick leave is 3 months for employees with less than 10 years of cumulative work experience and less than 5 years of seniority with their current employer.
On the other hand, the maximum sick leave for workers with 20 years of employment and 15 years with their present employer is unlimited paid leave.
In general, sick leave must be paid for all employees (foreign and local Chinese) and is generally paid at a reduced rate of between 60% and 100% of daily pay.
However, it depends on the employee’s seniority and also on the city and its rules. The Labor Insurance Rules and Chinese local regulations must be consulted to determine the length of sick leave.
Process for justifying sick leave
According to Chinese Labor Law, if an employee is ill or is suffering from non-work related injuries, he/she must go to a hospital and receive an official certificate from the doctor.
Only after a thorough examination by a physician in a hospital can an employee receive an “official sick leave certificate”.
The employee can then present the official certificate to their employer and proceed with the sick leave period.
Employers’ Obligations
- Can not terminate employment while on mandatory sick leave. Termination of employment following the expiration of a period of medical leave is subject to certain procedures.
- If the employee’s employment contract expires during his or her period of sick leave, employers should automatically extend the duration of the contract until the end of the period of sick leave.
- Pay the employee’s sick leave wages during his or her sick leave period.
