Guides - Human Resources & Payroll in China 2016 - 2017 (5th

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Human Resources and Payroll in China 2016-2017 (5th Edition) - 63
Maternity Leave
In 2012, the State Council released and implemented the “Provisions on Female Labor Protection
under Special Circumstances (State Council Decree No. 619),” 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 with new family planning
legislation enacted from January 1, 2016, which further relaxes population controls by promoting
the two-child policy nationwide and cancels the previous late-marriage and childbirth incentives.
It can therefore be more complex for an employer to calculate how much maternity leave and
allowance a female employee is entitled to. Below, we explain maternity and paternity leave in
China and detail the payment of maternity allowances.
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
All across China, a Chinese female employee is granted to 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 infant.
Note: The 98-day leave includes working days, weekends and national holidays
Previously, a Chinese female employee who gave birth to her first child at age 24 or older was
regarded as a case of ‘late childbirth,’ and therefore was entitled to an additional ‘late maternity
leave’ of roughly 30 days. While this benefit has now been scrapped with the enactment of new
family planning legislation, it is important for companies to check that the new policy has been
fully implemented with their local government authority.
Abortion and miscarriage
No less than 15 days of maternity leave is offered in cases of abortion after a pregnancy shorter than
four months, and no less than 42 days of leave in cases of miscarriage/abortion after a pregnancy
longer than four months.