Core answer: Under China's Paid Annual Leave Regulation, cumulative work tenure of 1–10 years earns 5 days of leave, 10–20 years earns 10 days, and 20+ years earns 15 days. Tenure counts cumulative work history (changing jobs does not reset it); unused leave must be compensated at 300% of daily wage.
The three tiers
| Cumulative tenure | Annual leave | Note |
|---|---|---|
| 1 yr ≤ tenure < 10 yrs | 5 days | Starts from the month you complete 1 year |
| 10 yrs ≤ tenure < 20 yrs | 10 days | Upgrades in the year you complete 10 years |
| Tenure ≥ 20 yrs | 15 days | Statutory ceiling |
Public holidays and weekends do not count against annual leave; neither do statutory leaves like marriage, maternity, or bereavement leave.
How tenure is counted: cumulative, unbroken
The key concept is cumulative work time, not "years at this employer":
- All full-time work years since graduation add up — job changes do not reset the counter
- Proof: social-insurance contribution records, labor contracts, separation certificates, personnel files
- For disputed gaps, social-insurance records are the primary evidence
Example: 6 years at company A + 5 years at company B = 11 cumulative years → 10 days of leave, even in your first year at B.
Proration for joining and leaving
New hires (with continuous prior tenure, before completing 12 months at the new employer):
Days available this year = (remaining calendar days at this employer this year ÷ 365) × full-year entitlement
Departing employees:
Prorated days = (calendar days worked this year ÷ 365) × full-year entitlement − days already taken
Fractions below 1 full day are discarded.
When you lose this year's eligibility
Statutory exclusions:
- You enjoy winter/summer vacations longer than annual leave (teachers etc.)
- Personal leave totaling 20+ days with no wage deduction
- Tenure 1–10 years: sick leave totaling 2+ months
- Tenure 10–20 years: sick leave totaling 3+ months
- Tenure 20+ years: sick leave totaling 4+ months
300% compensation for unused leave
If the employer cannot arrange leave due to work needs (with the employee's consent), unused days are paid at 300% of daily wage:
- 100% is already in your normal salary — the actual extra payment is 200%
- Daily wage = monthly wage ÷ 21.75 (statutory monthly pay days)
- Monthly wage = average of the last 12 months excluding overtime
Note: compensation applies only when the *employer* cannot schedule the leave; if the employee waives it in writing, only normal wages are due.
Three scenarios worked through
Case 1 (tier crossing): Wang started work July 2015, reaching 10 years in July 2025. The 2025 entitlement is split: Jan–Jun at the 5-day tier, Jul–Dec at 10 days: 5×(181/365) + 10×(184/365) ≈ 2.5 + 5.0 = 7.5 → 7 days (in practice many companies simply grant 10 days from the next month).
Case 2 (resignation proration): Li, 8 years' tenure (5-day tier), resigns April 30, 2025, having taken 1 day. Proration = 120/365 × 5 ≈ 1.64 → 1 day; 1 taken and 1 earned — settled, nothing owed either way.
Case 3 (unused-leave payout): Zhang, ¥10,000/month, took none of 5 days because the employer could not schedule it. Payout = 10,000 ÷ 21.75 × 5 × 200% ≈ ¥4,598 (the extra portion).
Common mistakes and myths
- "Leave is based on years at this company" — wrong; the law uses cumulative tenure. A new employer recognizing only internal seniority is infringing your rights — present social-insurance records.
- "No leave during probation" — probation is part of the labor-contract term; with 1+ cumulative years of tenure, probation employees are entitled.
- "Unused leave expires" — carrying leave across one year requires employee consent; "use it or lose it by year-end" clauses are illegal. Untaken days convert to 300% pay; the arbitration window is 1 year.
- "Any sick leave kills annual leave" — only sick leave exceeding the statutory months (2/3/4 by tenure) cancels this year's eligibility; ordinary illness does not.
Use the [Work Years Calculator](/c/date/work-years) for cumulative tenure, and the [Annual Leave Calculator](/c/date/annual-leave) for this year's entitlement and proration.