The short answer: it grows with cumulative tenure and is statutory. Unlike the US, which has no federal paid-leave mandate, China codifies paid annual leave in national administrative regulation — a mandatory baseline.
Legal basis
- Article 3 of the Regulations on Paid Annual Leave: 5 days for cumulative service of 1–10 years; 10 days for 10–20 years; 15 days for 20+ years.
- Implementation rules: if the employer genuinely cannot let the employee take leave, it must pay 300% of annual-leave wages — including the 100% normal wage, i.e. an additional 200% difference.
Key points
- 1–10 years: 5 days.
- 10–20 years: 10 days.
- 20+ years: 15 days.
- Plus national public holidays, and marriage, maternity, paternity, and bereavement leave per local rules.
- Annual leave is based on cumulative tenure, not just time at your company.
Practical tips
- Unused annual leave must be converted to compensation by law, not casually forfeited.
- "Use-it-or-lose-it" clauses are risky and may be held invalid.
- Respect employee preference when scheduling leave; you may coordinate, but reasonably.
Note for foreign employers
- New hires get prorated annual leave for the remaining calendar days, not the full amount.
- Pay wages normally during annual leave — no deductions.
- Public holidays and rest days do not count toward annual leave days.
For foreign employers, annual leave is a statutory baseline, not a negotiable perk — denying it without pay triggers compensation liability. Need help with leave policy and compliance? Contact CRBPO.
About CRBPO
Founded in 2003, CRBPO (中瑞岳华) is a professional HR service provider with 20+ years in the China market, offering executive search, RPO recruitment, staffing & dispatch, global EOR, tax & accounting, and monthly HR subscription — across 30+ cities — to help foreign companies run compliant, efficient operations in China.
Follow us: WeChat Official Account "中瑞岳华科技服务" | LinkedIn; Hotline: 400-658-9852; Email: os@crbpo.com.