The newly revised regulations on the protection of the rights and interests of the elderly in Shanghai took effect on Nov 1, introducing a caregiver leave system.

Below is a reference guide with answers to common questions, provided by relevant authorities.

Q1: Who is eligible to apply for caregiver leave?

A: Shanghai's regulations stipulate that when an elderly person is hospitalized for medical treatment, their caregivers are eligible for up to five working days of caregiver leave per year.

According to relevant laws and the Civil Code of the People's Republic of China‌, a caregiver refers to the elderly person's children and others legally obligated to provide support. "Children" include biological children, both marital and non-marital, adopted children, and stepchildren raised and educated by a stepparent. If the elderly person's children are deceased or unable to provide support, grandchildren or maternal grandchildren with the financial capacity are obligated to support their grandparents.

Q2: If parents are retired but under 60, can their children take caregiver leave?

A: No. According to relevant laws in China, an elderly person is defined as a Chinese citizen aged 60 or above, regardless of retirement status. Therefore, if the person is under 60, the caregiver is not eligible for caregiver leave.

Q3: The annual caregiver leave is capped at five working days. Does "annual" refer to the calendar year?

A: Yes. "Annual" here means from Jan 1 to Dec 31. Caregiver leave must be taken within one calendar year, excluding statutory holidays and rest days. It can be taken continuously or in separate periods. Unused leave cannot be carried over to the following year, and there is no wage compensation for unused days.

Q4: What are the requirements to apply for caregiver leave?

A: The applicant must have a legal support relationship with the elderly person. The elderly person must be aged 60 or above and formally admitted to a medical institution for continuous inpatient treatment. Outpatient observation, emergency observation, and other non-hospitalized conditions do not qualify for caregiver leave.

Q5: Can children apply for caregiver leave while caring for a parent recovering at home after surgery?

A: Caregiver leave is applicable only during an elderly person's hospitalization. Employers are encouraged to offer flexibility in such situations, such as flexible working hours, staggered shifts, or remote work to help employees balance work and caregiving responsibilities.

Q6: What documents are required to apply for caregiver leave?

A: Employees should follow their employer's established procedures. It is generally recommended to apply in advance. In urgent cases, employers may accept verbal notification with follow-up documentation.

Applicants will generally need to state the reason for leave, the start and end dates, and submit proof of hospitalization issued by the medical institution. Employers may refine their internal rules based on specific circumstances.

Q7: If the elderly person is hospitalized outside Shanghai and the caregiver does not have a Shanghai household registration, are they entitled to caregiver leave?

A: Yes. There is no household registration requirement for caregiver leave. It applies to employees working in Shanghai, as long as the elderly person is a Chinese citizen, regardless of the elderly person's household registration or hospitalization location.

Q8: What if a dispute arises between an employee and employer regarding wage payment during caregiver leave?

A: If a wage dispute arises between an employee and their employer in connection with caregiver leave, the employee may file a complaint with labor security supervision authorities or seek resolution through labor arbitration or legal proceedings.

Source: Shanghai Observer