If you’re a foreign teacher working at a training center in China and you wake up sick or get injured, here’s the short answer: under Chinese labor law, you are entitled to paid sick leave even if your contract doesn’t mention it. This guide is for foreign teachers at training centers—the most common employer type for newcomers—and the most important thing to know is that your sick pay rights don't depend on your contract wording. They depend on national law and local medical leave regulations (病假规定).
What Chinese Labor Law Actually Says About Sick Leave
Chinese labor law uses two different concepts: medical treatment period (医疗期) and sick leave pay (病假工资). The medical treatment period is the minimum length of time your employer must keep your job while you’re sick – it’s based on your total years of work experience and can range from 3 to 24 months. During that period, you are entitled to sick pay even if you don’t come into work.
The key regulation is Article 59 of the Regulations on the Implementation of the Labor Contract Law, which states sick pay must not be lower than 80% of the local minimum wage. Many foreign teachers assume they get nothing if their contract says “no sick pay”, but that clause is technically unenforceable. The actual rate depends on your province or city – for example, in Shanghai, sick pay is at least 60% of your normal salary (with a floor of 80% of the minimum wage), while in Beijing it’s similar but computed differently. Always check your city’s local regulations, which you can find on the government’s 12333 hotline or app (人社部).
What Your Contract Should (and Shouldn't) Include
Most training center contracts copy-paste a generic sick leave clause that says “sick leave is unpaid” or “requires a doctor’s note within 24 hours”. That’s fine as an internal policy, but it cannot override the legal minimum. A common trap: the contract says “no sick pay”, and the employer simply deducts your daily rate when you call in sick. If that happens, you are being underpaid.
Your contract should specify:
- The requirement to provide a medical certificate from a recognized hospital (二甲 or above). Keep a copy and take a photo – some centers also ask for a 诊断证明 (diagnosis certificate) stamped by the hospital.
- The timeline for notifying your HR (usually same day before class).
- Any additional company benefits (e.g., 2–3 fully paid sick days per year is common, but voluntary).
If your contract is silent or says “subject to company policy”, the law still covers you. Do not sign a waiver that says you forfeit sick pay – it won’t hold up in arbitration.
How to Handle Employers Who Refuse Sick Pay
Refusal is more common at smaller training centers and chains that treat foreign teachers as freelancers. Typical excuses: “you’re on a part-time contract”, “you didn’t provide a hospital note fast enough”, or “sick leave is unpaid per our policy”. None of these excuses are valid if you have a proper labor contract.
Step 1: Document everything. Keep screenshots of WeChat messages, copies of your contract, your medical certificate, and any pay stub showing deductions. If your school uses Alipay or WeChat Pay for salary, save the transaction records.
Step 2: Send a polite but firm written request in Chinese (have a Chinese friend or coworker help). Use the phrasing: “根据劳动法，我享有病假工资，请依法支付。” (According to labor law, I am entitled to sick pay, please pay according to law.)
**Step 3: If they ignore or threaten you, file a complaint with the local 劳动监察大队 (Labor Inspection Brigade).** Find the nearest office via the 12333 hotline (dial 12333 from any Chinese phone) or through the “掌上12333” app. You can also visit the local 人力社保局 (HR and Social Security Bureau) in your district. Bring your documents. Foreigners have the same rights as Chinese workers in labor disputes.
Step 4: Consider labor arbitration (劳动仲裁) if the amount is significant. It can take 45–60 days, but for unpaid sick pay under 10,000 RMB, many foreigners win default because the employer fails to show up. You can find a free legal aid center in cities like Shenzhen or Guangzhou – ask at the foreign affairs office (外事办公室).
Steps to Take When Injured and Not Cleared for Work
A different scenario: you get injured (e.g., in a car accident or sports injury) and cannot work for weeks. This may fall under work-related injury (工伤) if it happened while commuting to/from work or during a work-related activity. If not, it’s regular medical leave.
- First, get a medical certificate specifying the recommended rest period. Chinese hospitals often issue a 病假条 (sick leave note) with exact dates.
- Show the note to your school immediately. If they refuse to accept it, ask for reasons in writing.
- If the injury prevents you from performing your job for more than 7 days, you may be eligible for medical treatment period protection. Your employer cannot fire you during this period unless the company is closing.
- For a non-work injury, sick pay is the same as above – at least local minimum wage * 80% (or your normal salary pro-rated, whichever is higher in your city).
- For a work-related injury, you get full salary during treatment plus medical expenses covered by social insurance. Make sure your employer is paying into 工伤保险 – you can check on Alipay under “市民中心” (City Services) > “社保查询” (Social Security Inquiry).
A real risk: some training centers push you to sign a “voluntary resignation” when you report a long-term injury. Do not sign anything until you speak with the labor bureau.
What People Usually Miss
Most generic guides skip the fact that your sick pay is based on your “病假工资计算基数” (sick leave wage calculation base) – which is often your basic salary, not your total income (including bonuses or class allowances). Many training centers artificially set a low “basic salary” (e.g., 2,000 RMB) and pay the rest as “performance bonus”, then argue that sick pay should be calculated on that 2,000. This is legal in some cities, but illegal in others. For example, in Chengdu, the labor bureau ruled that all regular payments (including class hour fees) must be included if they are part of your normal monthly income. Always ask: “What is my 病假工资计算基数?” and check your contract’s definition of “salary”. If your basic salary looks suspiciously low, you have grounds to argue.
Another missed detail: medical certificates from international clinics (e.g., Parkway, United Family) are usually accepted, but only if the clinic is licensed by the local health commission. Some training centers reject them to force you to a public hospital. Save the receipt – you can submit a medical fapiao (发票) and request reimbursement if your contract mentions medical allowance.
Closing Thoughts
Foreign teachers at training centers often feel powerless when sick, but you have stronger legal protection than most realize. The process is bureaucratic, not confrontational – use the 12333 hotline and keep documents in Chinese. If an employer refuses to pay, don’t argue in the office; just file a complaint and let the system work.
Question for readers: Have you successfully collected sick pay from a training center in a smaller city like Wuhan or Hangzhou? Did the labor bureau respond faster or slower than in first-tier cities? Share your recent experience below.
Quick Takeaways:
- Chinese labor law guarantees sick pay at least 80% of local minimum wage, even if contract says "unpaid."
- Always get a hospital certificate from a 二甲 hospital within 24 hours of your sick day.
- Use the 12333 hotline to file a labor inspection complaint if your employer refuses payment.
- Your sick pay calculation base may be basic salary only; verify in your contract and local rules.
- When injured long-term, do not sign a resignation – you have medical treatment period job protection.
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