Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.

If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–20 years of experience, it’s 10 days; for 20+ years, it’s 15 days. These totals continue to accumulate even after changing jobs. If your employer cannot arrange leave and you agree to forgo it, you’ll receive three times your daily wage for those days. Signing a “voluntary waiver of annual leave” form means you’ll only receive your regular salary thereafter.

There is no cost involved. Simply add up all the years you’ve worked at every employer; your social insurance records serve as proof. The main challenge is avoiding signing any form that states you “voluntarily waive annual leave.”

Employees who have worked continuously for 12 months qualify for annual leave. The number of days is determined by total years of service across all employers. Specifically, 5 days apply to 1–10 years of experience, 10 days for 10–20 years, and 15 days for 20+ years. Statutory holidays and weekends do not count toward this total. If an employer genuinely cannot provide leave due to operational needs and you consent to forgoing it, you’ll receive 300% of your daily wage as compensation. This amount already includes your regular salary, so the extra payment equals 200% of your daily wage. Daily wage is calculated as monthly salary ÷ 21.75; monthly salary is the average of the previous 12 months’ earnings excluding overtime. New employees receive a pro‑rated amount based on days worked that year. Upon termination, unused leave is compensated proportionally, with no deductions for any leave already taken. Employers failing to provide leave or compensation face mandatory corrections; persistent non‑compliance results in an additional penalty equal to the original compensation amount (effective nationwide since 1 Jan 2008).

Total years of service are cumulative across all employers, not limited to one company. Never base calculations solely on tenure at your current employer. Only when an employee “voluntarily and in writing waives leave” may the employer limit payment to regular wages; therefore, avoid signing such waivers. Employees taking 20+ days of personal leave without wage deductions also lose annual leave entitlement. Similarly, extended sick leave disqualifies workers: 2 months for under‑10‑year experience, 3 months for 10–20 years, and 4 months for 20+ years. Family‑visit leave, marriage or bereavement leave, maternity/paternity leave, and periods of work‑related injury recovery do not count toward annual leave.

国务院 (2007). 职工带薪年休假条例（国务院令第 514 号，第二、三、四、五、七条）. http://www.gov.cn/gongbao/content/2008/content_859865.htm；人力资源和社会保障部 (2008). 企业职工带薪年休假实施办法（人社部令第 1 号，第三、四、五、十、十一、十二、十五条）. http://www.gov.cn/gongbao/content/2009/content_1265995.htm