Guangdong and Zhejiang exclude foreigners from bonus leave, while Beijing, Shanghai, and Jiangsu provide equal parental leave (e.g., 60 days extended, 15 days paternity) without citizenship restrictions.
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Foreign employees in China often run into a frustrating situation. The employer readily grants the standard 98‑day maternity leave, but refuses the extra bonus leave and paternity leave offered by local regulations. The reason? "You are not a Chinese citizen."
Is that the end of the story? Not necessarily. The answer depends entirely on where you work.
The national law does not exclude foreigners
Start with the top‑level law. Article 25 of the *Population and Family Planning Law of the People's Republic of China* simply states: "Couples who give birth in accordance with laws and regulations may receive extended leave benefits." The term "couples" does not mention citizenship. The national law leaves the door open.
However, the actual number of bonus days is set by each province. And this is where the confusion begins.
Three situations across China
After reviewing provincial regulations, the situation can be summarised in three broad categories:
1: Explicitly limited to "Chinese citizens" (least favourable to foreign employees)
The most prominent example is Guangdong Province, which has one of the largest populations of foreign workers in China. Article 2 of Guangdong's family planning regulation states that the regulation applies to "Chinese citizens residing in this province." On this basis, some local authorities consistently hold that foreign employees are not entitled to the 80‑day bonus leave or the 15‑day paternity leave. Employers who take this position are following the official interpretation. Zhejiang Province uses similar language.
2: No citizenship restriction in the text (favourable to foreign employees)
Beijing and Shanghai lead this group. Beijing's regulation contains no language limiting its application to Chinese citizens. Article 19 simply states: "Couples who give birth in accordance with regulations... the wife receives a sixty‑day extended leave, the husband receives a fifteen‑day paternity leave."
Shanghai's regulation is similarly structured: "Couples who give birth in accordance with laws and regulations... the wife receives a sixty‑day extended leave, the husband receives a ten‑day paternity leave." No citizenship restriction appears in either provision. Foreign employees in these cities have a strong basis for claiming equal treatment. Jiangsu Province also falls into this category.
3: Unclear or outdated rules (case‑by‑case assessment)
A few areas, such as Chongqing, have not updated their regulations to reflect the post‑2021 trend of adding bonus leave. Foreign employees in these locations may face different barriers.
What should you do? Three concrete steps.
First, check your province's regulation. Focus on two things: does the "general provisions" section say "applies to Chinese citizens"? And what are the actual bonus days? (Always check the latest version).
Second, regardless of what the provincial regulation says, you can always cite Article 22 of the Provisions on the Administration of Employment of Foreigners in China: "The rest and leave entitlements of foreigners employed in China shall be governed by relevant state regulations." This gives you a basis to argue that citizenship‑based distinctions are inappropriate.
Third, consider asking your local human resources and social security bureau for a written opinion. A formal response can be valuable evidence if you later need to negotiate or take legal action.
A final word
There is no single national rule. Your rights depend heavily on your province's specific regulation and how local authorities interpret it. Geography matters.
This article is for general informational purposes only and does not constitute legal advice. Always check current local regulations and consider consulting a qualified professional.
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