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- Human Resources and Payroll in China 2016-2017 (5th Edition)
• The employee didn’t participate in maternity insurance:
Breast-feeding period
A female employee is also granted at least one hour each day duringwork hours for breast-feeding.
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 also prefer this approach.
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, as provided in the table above.
No termination
In China, it is illegal to terminate a pregnant employee during her pregnancy, maternity leave or
breast-feeding period (which lasts until the infant is one year old). Further, if an employee gets
pregnant during the termof her fixed-termcontract, 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.
No Overtime or Night Hours
Starting from the seventh month of pregnancy, employers may not have a pregnant employee
work overtime or night hours. This requirement continues as long as she is breastfeeding a baby
that is not yet one year old.