The amended Regulations of Shanghai Municipality on Protecting the Rights and Interests of the Elderly (Regulations) came into force on 1 November 2025. The Regulations introduce a new paid carer’s leave, which may affect employment management within Shanghai. This update summarises the new carer's leave regulations in Shanghai as well as similar regulations in other major provinces and cities across China.
New Regulations on Carer's Leave in Shanghai
Article 24 of the Regulations stipulates that employers shall safeguard the right of caregivers to take family leave in accordance with relevant national regulations. During the period when an elderly person is hospitalised for treatment, their caregiver may take up to 5 working days of carer's leave per year (or up to 7 working days of carer's leave per year, if the caregiver is an only child born during the implementation of the one-child policy). During the carer's leave, the employee's salary must be paid as if they were working their regular hours.
This marks the first time that carer's leave has been established in Shanghai. Prior to this, several provinces and cities across China had established carer's leave policies, although most were only applicable to only children born during the implementation of the one-child policy.
Notably, the eligibility requirements and benefits related to carer's leave vary among regions. For example, some regions require parents to meet certain age criteria, while others (such as Shanghai) restrict the use of carer's leave to situations where a parent or an elderly person under care is hospitalised due to illness only.
A summary of the various carer's leave regulations in key cities and provinces across China is set out below.
Carer's Leave Regulations Across China
| Region | Carer's Leave Days | Applicable to | Conditions | Paid/ Unpaid |
|---|---|---|---|---|
| Beijing | Up to 10 working days per year | Only child | Parent(s) in need of care | Paid |
| Shanghai | General caregivers: Up to 5 working days per year; Only child: Up to 7 working days per year | Not limited to only child | Elderly in care hospitalised due to illness | Paid |
| Guangdong Province | Up to 15 days per year, subject to conditions | Only child | Parents aged 60 or above: 5 days per year Parent(s) hospitalised due to illness: Up to 15 days per year | No specific regulation |
| Tianjin | Only child: 20 days per year; Non-only child: 10 days per year | Not limited to only child | Parent(s) aged over 60 and hospitalised due to illness | Paid |
| Jiangsu Province | Not less than 5 days per year | Only child | Parent(s) aged 60 or above and hospitalised due to illness | Paid |
| Zhejiang Province | 5 days per year | Only child | One parent aged 60 or above | Paid |
Note: Different cities within the same province may establish their own carer's leave policies based on provincial regulations.
Key Takeaway
As China’s population continues to age, the implementation of carer's leave for employees is expected to raise increasing attention, and its scope of applicability may gradually expand nationwide beyond the restriction to only children born during the implementation of the one-child policy. Employers should proactively monitor regulatory developments around carer's leave and review or update their existing leave policies as needed. This may involve incorporating carer's leave entitlements into current policies as well as establishing or enhancing the processes for applying for and managing this type of leave to ensure consistency and compliance.
Key contacts
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Gillian Miao
Counsel, Kewei, Mainland China and Shanghai
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.