If a parent of an only child is in hospital, check whether your province's regulations give the child care leave; if they do, apply to the employer in writing with the hospital certificate
NewGrade BMedium benefitMoneyFreeLittle timeNo willpower
Some provinces set care leave so an only child can look after a parent in hospital, and the number of days differs by province. Henan is at least 20 days a year. Fujian is at most 10 days. Guangdong, when the parent is in hospital, is at most 15 days. Henan states that the leave counts as attendance. Fujian states that wages and benefits stay the same. If the employer refuses or docks pay, Fujian and Guangdong state that you can go to the human resources and social security department.
- Cost
- No cost. Search the national database of laws and regulations for your province's two ordinances. It takes a little over 10 minutes. Then submit a written application to the employer with the hospital certificate. The hard part is that the employer does not want to give the leave, and asking feels like it will offend the boss.
- Benefit
- Provinces put care leave in different local regulations. The Henan Provincial Regulations on the Protection of the Rights and Interests of the Elderly say that when an elder who holds the honorary certificate for parents of an only child (独生子女父母光荣证) is in hospital, the child's employer must give care leave. The leave is at least 20 days a year in total, and it counts as attendance. The Fujian Provincial Regulations on the Protection of the Rights and Interests of the Elderly say that when a parent of an only child is 60 or older and is in hospital with an illness, the employer must give the child time for care. That time is at most 10 days a year in total, and wages and benefits stay the same. If the employer does not pay wages and benefits for the care period, the human resources and social security department (人社) or the relevant department orders payment by a deadline. The Guangdong Provincial Regulations on Population and Family Planning cover couples with Guangdong hukou (户口 — household registration) who, in the years when the state encouraged one couple to have one child, voluntarily had only one child. When they turn 60, the employer gives the child 5 days of care leave a year. If they are ill and in hospital, the total is at most 15 days a year. If the employer does not provide the leave the regulations require, the human resources and social security department at county level or above orders correction. The liability chapter of the Henan regulations does not say what happens if the employer does not give the care leave.
- Notes
- To check your province: on the National Laws and Regulations Database (flk.npc.gov.cn), search the province name plus the regulations on the protection of the rights and interests of the elderly (老年人权益保障条例), and the province name plus the population and family planning regulations (人口与计划生育条例). Read both. Read only the version marked "in force" (有效). If the province has not written it, search the city's regulations. Provinces give this only to an only child. Someone with brothers or sisters is mostly outside the text. If the employer will not give the leave or has docked wages, call 12333 or file a labor-inspection complaint at the human resources and social security bureau (人社局). It is free. To get the docked money back, you can also apply for labor arbitration. It is free. The case is closed within 45 days after acceptance, and may be extended by at most another 15 days. Henan's text says "at least" 20 days. Fujian and Guangdong say "at most." Giving fewer days in Fujian or Guangdong is not a violation. The grade is B because each province sets the number of days and the conditions. The people who benefit are your parents. The money falls on you. The day counts for the three provinces are taken from the regulations as of 2026-10 and may be revised later.
Sources · 3
- 河南省人大常委会 (2018). 河南省老年人权益保障条例(第二十九条). flk.npc.gov.cn/detail?id=2c90e5ba65c68cf70165…
- 福建省人大 (2017). 福建省老年人权益保障条例(第二十七条、第七十条). flk.npc.gov.cn/detail?id=4028abcc612777930161…
- 广东省人大常委会 (2021). 广东省人口与计划生育条例(2021 年第九次修正,第三十六条第五项、第四十五条). flk.npc.gov.cn/detail?id=ff8081817fb1209d017f…