Maternity Leaves FAQ

August 22, 2018

 

Maternity leave benefits is a hot topic in China, there seems to be a lot of gray areas depending on whether you're on local contract or on expatriate contract. In a nutshell, if you were hired by a new company for a China post (even if you were hired from abroad), you technically follow China local labor laws. If your company transferred you from another country to China, then you might have to follow the previous company's labor laws. I've met a guy who got a 2-month paternity contract (vs China's then 3-day paternity leave) because his company sent him over, thus they followed his home country's labor laws.  But laws here change all the time, it is best to double check with your HR or lawyer.

 

This list gives a basic overview of Maternity Leave benefits according to China law (as of April 2018). It is compiled from Wechat blogger "MommyDiaries" and working moms in SH.

 

 

98 Calendar Days Maternity Leave (including weekends and holidays) at 100% pay

+ 30 extra calendar days for late pregnancy (after 24 years old) at 100% pay

+15 extra calendar days for complicated pregnancy at 100% pay (ie caesarean section)

+15 extra calendar days for multiple births 100% pay

 

*Double check if pay is based on the pregnant employee's salary. Or based on the average salary of everyone in your office. Or based on China's standard wage. This is a popular gray area in the past.

 

Prenatal Rest

Pregnant employees can take leave as early as 15 days prior to the delivery date. Double check if it is part of the maternity leave or not. 

 

The employee may avail of a prenatal examination-type of leave, but this requires a medical certificate. She may get 1 day off (paid) per month for check ups, but she needs to show the check up results from that day.

 

After 7th month of pregnancy, the employee can also take 2.5 months leave before delivery date with the consent of the employer. Pay will be 80% of the actual wage standard. (An accountant once mentioned that it is 80% to 90% of the salary, depending how many years the employee has been with the company. This leave is not part of the maternity leave.)

 

Alternatively, after 7.5 month of pregnancy, the employee can also take one hour off work daily.

 

Miscarriage

Less than 4 months of pregnancy, the female employee can take15 days of leave.

More than 4 months of pregnancy, the female employee can take 42 days of leave.

 

Breastfeeding

Breastfeeding is allowed twice per working period, 30 minutes each time. Many companies just allow new moms to take 1 hour off each day.  Valid until the first birthday of the baby.

 

If there's any difficulty in breastfeeding, the new mom can extend maternity leave up to 6.5 months postpartum, paid at 80% of the actual wage standard. If further leave is needed, the extension leave is paid at 70% of the actual wage standards.

 

Job Security

A woman cannot be fired when she is pregnant, until the baby turns 1 year old.

 

It is best to discuss with your HR or lawyer, to see what benefits you are entitled to based on your contract.

 

 

LEARN MORE MEDICAL FAQS, TAP HERE

 

 

 

 

Source: MommyDiaries (wechat ID), wellness and lifestyle guide for moms and moms-to-be in Shanghai.

They sourced it from http://www.66law.cn/laws/102472.aspx

 

 

Share on Facebook