• About
  • Archive
  • Contact
  • Home 1
  • Submit a Story
  • Submit a Story
  • USCBC Podcasts
China Business Review
  • Operations
    Multinational Supply Chains in a Post-Pandemic China

    Multinational Supply Chains in a Post-Pandemic China

    Managing Risk in the “New Era”

    Managing Risk in the “New Era”

    Design Patents vs. Trade Dress: Protecting IP in China

    Design Patents vs. Trade Dress: Protecting IP in China

    As China Emerges from COVID-19, US Companies Invest to Compete

    As China Emerges from COVID-19, US Companies Invest to Compete

    Inside the Mad Rush for Masks – Anatomy of a 10 Million Mask Order

    Inside the Mad Rush for Masks – Anatomy of a 10 Million Mask Order

    Addressing Risk in the Era of US-China “Great Power” Competition

    Addressing Risk in the Era of US-China “Great Power” Competition

  • Politics
    Hong Kong’s National Security Law, Five Months In

    Hong Kong’s National Security Law, Five Months In

    China Implements its Long-Awaited Unreliable Entities List Mechanism

    China Implements its Long-Awaited Unreliable Entities List Mechanism

    Competing WTO Reform Agendas and the Contest for the Next Director-General

    Competing WTO Reform Agendas and the Contest for the Next Director-General

    China Eyes Further Northeast Asian Economic Integration in RCEP

    China Eyes Further Northeast Asian Economic Integration in RCEP

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    A Game of Chicken

    A Game of Chicken

  • Tech
    The Growing Intersection of Digital Health and Data Processing in China

    The Growing Intersection of Digital Health and Data Processing in China

    Export Controls on Emerging and Foundational Technologies: A Null Set?

    Export Controls on Emerging and Foundational Technologies: A Null Set?

    How Companies Are Reacting to China’s New Data Security Scheme

    How Companies Are Reacting to China’s New Data Security Scheme

    China’s Participation in International Standards Setting: Benefits and Concerns for US Industry

    China’s Participation in International Standards Setting: Benefits and Concerns for US Industry

    The Hidden Challenges of China’s Booming Medical AI Market

    The Brave New Business Models Making Waves in China’s Ecommerce Market

    Trending Tags

    • Intellectual Property
    • innovation
    • cybersecurity
    • ecommerce
    • tech
  • Society
    COVID-19 Could Doom or Deliver US-China Commercial Relations

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    The Year in Social Credit: Where is Corporate Social Credit Going in 2020 and Beyond?

    The Year in Social Credit: Where is Corporate Social Credit Going in 2020 and Beyond?

    Open Government Developments in China: Implications for US Businesses

    The Hidden Challenges of China’s Booming Medical AI Market

    The Handshake that Changed the World

    President Carter and Vice Premier Deng at the Performance of American Arts

    January 29, 1979 Performance of American Arts for Deng Xiaoping

  • Media

    Gallery: Craig Allen’s Trip to China

    USCBC 45th Annual Membership Meeting

    USCBC 45th Anniversary DC Open House

    USCBC President’s China Visit

    USCBC Hosts Business Roundtable with Zhejiang Party Secretary Che Jun

    USCBC hosts Comprehensive Economic Dialogue (CED) Luncheon

  • Podcasts
No Result
View All Result
  • Operations
    Multinational Supply Chains in a Post-Pandemic China

    Multinational Supply Chains in a Post-Pandemic China

    Managing Risk in the “New Era”

    Managing Risk in the “New Era”

    Design Patents vs. Trade Dress: Protecting IP in China

    Design Patents vs. Trade Dress: Protecting IP in China

    As China Emerges from COVID-19, US Companies Invest to Compete

    As China Emerges from COVID-19, US Companies Invest to Compete

    Inside the Mad Rush for Masks – Anatomy of a 10 Million Mask Order

    Inside the Mad Rush for Masks – Anatomy of a 10 Million Mask Order

    Addressing Risk in the Era of US-China “Great Power” Competition

    Addressing Risk in the Era of US-China “Great Power” Competition

  • Politics
    Hong Kong’s National Security Law, Five Months In

    Hong Kong’s National Security Law, Five Months In

    China Implements its Long-Awaited Unreliable Entities List Mechanism

    China Implements its Long-Awaited Unreliable Entities List Mechanism

    Competing WTO Reform Agendas and the Contest for the Next Director-General

    Competing WTO Reform Agendas and the Contest for the Next Director-General

    China Eyes Further Northeast Asian Economic Integration in RCEP

    China Eyes Further Northeast Asian Economic Integration in RCEP

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    A Game of Chicken

    A Game of Chicken

  • Tech
    The Growing Intersection of Digital Health and Data Processing in China

    The Growing Intersection of Digital Health and Data Processing in China

    Export Controls on Emerging and Foundational Technologies: A Null Set?

    Export Controls on Emerging and Foundational Technologies: A Null Set?

    How Companies Are Reacting to China’s New Data Security Scheme

    How Companies Are Reacting to China’s New Data Security Scheme

    China’s Participation in International Standards Setting: Benefits and Concerns for US Industry

    China’s Participation in International Standards Setting: Benefits and Concerns for US Industry

    The Hidden Challenges of China’s Booming Medical AI Market

    The Brave New Business Models Making Waves in China’s Ecommerce Market

    Trending Tags

    • Intellectual Property
    • innovation
    • cybersecurity
    • ecommerce
    • tech
  • Society
    COVID-19 Could Doom or Deliver US-China Commercial Relations

    COVID-19 Could Doom or Deliver US-China Commercial Relations

    The Year in Social Credit: Where is Corporate Social Credit Going in 2020 and Beyond?

    The Year in Social Credit: Where is Corporate Social Credit Going in 2020 and Beyond?

    Open Government Developments in China: Implications for US Businesses

    The Hidden Challenges of China’s Booming Medical AI Market

    The Handshake that Changed the World

    President Carter and Vice Premier Deng at the Performance of American Arts

    January 29, 1979 Performance of American Arts for Deng Xiaoping

  • Media

    Gallery: Craig Allen’s Trip to China

    USCBC 45th Annual Membership Meeting

    USCBC 45th Anniversary DC Open House

    USCBC President’s China Visit

    USCBC Hosts Business Roundtable with Zhejiang Party Secretary Che Jun

    USCBC hosts Comprehensive Economic Dialogue (CED) Luncheon

  • Podcasts
No Result
View All Result
China Business Review
No Result
View All Result
Home CBR Spotlight

Expecting in China: Employee Maternity Leave and Allowances

USCBC by USCBC
June 9, 2017

Close Up Of Pregnant Businesswoman In Office

Share on FacebookShare on TwitterLinkedin

By Dezan Shira & Associates

Editor: Weining Hu

The State Council released and implemented the Provisions on Female Labor Protection under Special Circumstances (State Council Decree No. 619) in 2012, which extended maternity leave for female employees in China to 14 weeks (98 days) from the previous 90 days-just meeting the minimum maternity leave stipulated by the International Labor Organization (ILO).

However, maternity leave in China can vary widely by location, especially in terms of ‘late maternity leave’ as determined by the local government. It can also be complex for an employer to calculate how much maternity leave and allowance female employees are entitled to.

Prenatal check-up

Starting from the 12th week of pregnancy, a pregnant employee will need to go for an increasing number of prenatal check-ups, for which she is entitled to paid leave. These check-ups will be logged in the pregnancy handbook provided by the local Community Health Service Center.

Length of paid maternity leave

A Chinese female employee may take a 98-day paid maternity leave beginning at her discretion 15 days prior to childbirth. Leave may be extended by 15 days under special circumstances, such as dystocia. If the employee gives birth to more than one child at a time, an additional 15-day maternity leave shall be given for each additional infant.

In addition, a Chinese female employee who gives birth to her first child at age 24 or older is regarded as a case of ‘late childbirth,’ and is therefore entitled to an additional ‘late maternity leave’ of roughly 30 days (this may vary widely by location, e.g. 45 days in Dalian).

After the abolition of the one-child policy in late 2015, many provinces changed the wording of ‘late maternity leave’ to ‘maternity rewards leave’ (生育奖励假). Despite the change of title, leave days remained the same in most provinces. However, as leave days and related policies vary by province, it is recommended to look up specific regulations with the relevant local authorities.

A foreign employee may also take a 98-day paid maternity leave, but is not eligible for late maternity leave. It should be noted that the 98-day leave includes working days, weekends, and national holidays, while the late maternity leave includes only working days and weekends.

Abortion and miscarriage

Furthermore, no less than 15 days of maternity leave shall be offered in cases of abortion after a pregnancy shorter than four months, and no less than six weeks of maternity leave in cases of miscarriage/abortion after a pregnancy longer than four months.

Maternity allowance

During maternity leave, a female employee shall receive a maternity allowance in lieu of salary. Generally, a Chinese female employee (assuming that the employee has participated in maternity insurance) is paid by the Social Security Bureau where the woman is registered. In determining the amount of maternity allowance, the Social Security Bureau will look at the employee’s monthly salary and the average monthly salary of all employees over the last 12 months.

The Bureau will pay whichever amount is higher, but no more than three times the average salary in the Bureau’s jurisdiction. In certain parts of China, such as Beijing and Shanghai, any amount above three times the local average must be paid by the employer. For example, the average monthly salary in Shanghai in 2015 was RMB 5,939, making the benchmark maternity allowance in Shanghai RMB 5,939 × 3 = RMB 17,817.

Comparing three different scenarios:

The maternity allowance shall also apply to foreign employees who have contributed to the maternity insurance scheme. Foreign and Chinese employees not participating in maternity insurance shall receive their full salary paid by the company.

Breast-feeding period

A female employee shall also be granted at least one hour each day during work hours for breastfeeding during a one-year ‘breastfeeding period.’ In practice, companies tend to ask employees to work a full eight-hour day, and allow them to accumulate the extra hour toward vacation time. Most female employees prefer this approach as well.

Paternity leave

The amount of time that a male employee can take as paternity leave largely depends on where the individual is registered for social security. In general, China’s statutory paternity leave does not exceed two weeks. For example, in Shanghai, according to the newest Shanghai Population and Family Planning Regulations promulgated in 2016, a male employee is entitled to a ten-day paternity leave in the case of late childbirth, seven days more than the old regulation. In Shenzhen, a male employee can enjoy a 15-day paternity leave if his wife is 23 or older.

Terminating a Pregnant Employee

In China, it is illegal to terminate a pregnant employee during her pregnancy, maternity leave, or breastfeeding period (which lasts until the infant is a year old). Further, if an employee gets pregnant during the term of her fixed-term contract, and the contract ends during the pregnancy, the contract shall be automatically extended (through a renewed end date or a second contract) until the end of the breast-feeding period.

 
About the author: This article first appeared in China Briefing by Dezan Shira & Associates, a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory, and compliance, accounting, payroll, due diligence, and financial review services to multinationals investing in China, Hong Kong, India, Vietnam, Singapore and the rest of ASEAN. For further information, please email [email protected] or visit www.dezshira.com.

Tags: Maternity Leave; Female Labor; Paternity Leave; International Labor Law; Late Maternity Leave; two-child policy; Maternity Allowance; Maternity Insurance
USCBC

USCBC

Next Post

Beijing to New York: A Building Challenge

Recommended.

The Growing Intersection of Digital Health and Data Processing in China

April 12, 2021

From West to East: The Charged Challenge of Delivering Electricity

April 7, 2021

As US-China Ties Fray, Indiana Firms Seek to Keep Trade Flowing

March 26, 2021

Multinational Supply Chains in a Post-Pandemic China

March 5, 2021

Latest Podcasts.

A quick recap of Forecast Beijing 2021

April 7, 2021

How can the United States compete with China on semiconductors?

April 2, 2021

What companies should know about cybersecurity and data flows in China

March 31, 2021

Takeaways from the Alaska meetings

March 23, 2021
China Business Review

China Business Review is the official magazine of the US-China Business Council, a nonprofit and nonpartisan trade association that represents more than 200 American companies doing business in China.

  • How to contribute to China Business Review

Categories

  • Bilateral Relations
  • Business Etiquette
  • CBR Spotlight
  • China Deals
  • Corruption
  • Cybersecurity
  • Ecommerce
  • Environment
  • Finance
  • Galleries
  • Getting Started
  • HR & Staffing
  • Infographics
  • Innovation
  • Intellectual Property
  • Management
  • Media
  • Operations
  • Opinion
  • Policy & Regulations
  • Politics
  • PR & Marketing
  • Rural Issues
  • Safety
  • Social Policy
  • Society
  • Standards + Licensing
  • Sustainability
  • Tax
  • Tech
  • Top Story
  • Trade
  • Uncategorized
  • US-China Business Council
  • Videos

Tags

Agreements Agriculture Alibaba Best Practices Business Environment China China's Investments Abroad China Market Intelligence Chinese Consumers Chinese Investment Commentary Consumer Trends E-Commerce Economic Trends Energy Environment Events Food Foreign Investment Going Global Healthcare Reform Human Resources Infrastructure Internet Interview Investment Investments into China IPO Joint Venture Labor Legal Analysis M&A Manufacturing Media National People's Congress Q&A Strategic and Economic Dialogue Supply Chains Technology Trade Transparency US-China Relations USCBC US Exports to China Xi Jinping

Join our Mailing List

Sign up for the US-China Business Council's newsletters to stay ahead of the game with roundups, analysis, and commentary.

Sign Up

Follow Us

  • About
  • USCBC
  • Submit a Story
  • Archive

© 2021 China Business Review

No Result
View All Result
  • Operations
  • Politics
  • Tech
  • Society
  • Media
  • Podcasts

© 2021 China Business Review