Congratulations! Your employee is expecting a baby. As an employer in China, you have specific responsibilities regarding maternity leave. Let’s walk through your obligations to ensure you’re fully prepared.
China’s maternity leave system consists of two parts:
- Basic leave set by the national government
- Extra leave added by local governments
As a result, the length of maternity leave can differ greatly depending on your location in China.
Maternity Leave Duration by Region
China’s national law provides 98 days of paid maternity leave. However, all local governments add extra days, so most Chinese mothers get more time off.
Foreign workers in China only receive the basic 98 days, without the local extensions.
| Region/Province | Maternity Leave Duration |
|---|---|
| National Standard | 98 days |
| Beijing, Shanghai, Tianjin, Zhejiang, Hebei, Hubei, Guangxi, Fujian, Shanxi, Inner Mongolia, Liaoning, Anhui, Shandong, Hunan, Sichuan, Guizhou, Yunnan, Ningxia, Shaanxi, Xinjiang | 158 days |
| Jiangsu | 128 days |
| Guangdong, Chongqing | 178 days |
| Heilongjiang, Jilin, Gansu | 180 days |
| Henan, Jiangxi, Hainan, Qinghai | 188 days |
| Tibet | Up to 1 year |
Maternity leave in China can start 15 days (about 2 weeks) before the baby is due to be born.
Related Leave Types
- Mums get extra time off if they have a difficult birth or multiple babies, but the amount of extra time varies depending on where in China.
- If a woman has a miscarriage or abortion, she gets time off work. For pregnancies less than four months, she gets 15 days off. If the pregnancy is four months or longer, she gets 42 days off.
- Many places in China also offer parental leave for new parents. The amount varies by location:
- Beijing: 5 working days per year per parent until the child is 3 years old
- Shanghai: 5 working days
- Zhejiang and Guangdong: 10 working days
- Most parts of China also give new dads some time off. This is called paternity leave. The amount of time off depends on where you live in China. It’s usually between a few days and two weeks. In many places, new fathers get 14 days off.
- In addition to maternity leave, there are a few other obligations employers must keep in mind.
| Leave Type | Details |
|---|---|
| Prenatal Check-up | Employees receive paid leave for doctor visits starting from the 12th week of pregnancy |
| Breastfeeding Break | New mothers are entitled to a daily one-hour paid break for breastfeeding or pumping. This benefit continues until the baby’s first birthday |
Who Pays Maternity Leave in China?
Women on maternity leave get a “maternity allowance” instead of their usual salary.
If they have maternity insurance, the local government pays this allowance. If they don’t have insurance, their employer pays it.
Note: As an employer, it’s your job to sign up your employees for social insurance, including maternity insurance. Do this right away when you hire someone new. Why? Because if an employee gets pregnant, they might only get help from the government to pay for maternity leave if they’ve been signed up for a certain amount of time – often about a year in many places.
Calculating Maternity Allowance
Employees without maternity insurance get their allowance from their employer, which is based on their wage before maternity leave.
For those with maternity insurance, the local government pays the allowance. This amount is either the employee’s average monthly wage or three times the minimum wage, whichever is higher.
While this payment is often capped at three times the regional average salary, some regions like Beijing and Shanghai don’t have a limit. If you need help confirming local regulations in your region, contact us.
Extra Maternity Leave Coverage Varies by Location
Many local governments only cover the first 98 days (about 3 months) of maternity leave through insurance. Some regions extend insurance coverage for all additional days, while others pay for a specific period beyond the initial 98, but not all.
In cases where insurance doesn’t cover the full leave period, employers are responsible for paying for the remaining days.
Examples:
- Beijing: Pays 30 out of the 60 extra days.
- Guangdong: Pays only for the basic leave days
- Shanghai: Pays for all leave days, including extra ones
Protection for Pregnant Employees
Employers cannot fire a woman during:
- Pregnancy
- Maternity leave
- Breastfeeding period (until the baby’s first birthday)
Starting from the seventh month of pregnancy and continuing until the baby’s first birthday, employers must avoid assigning pregnant or breastfeeding employees to overtime work or night shifts.
Need Help?
Need help with handling maternity leave for your China team? Let us handle the complexities of employment regulations while you focus on growing your business.
Book a quick chat with us to discover how our employment services can streamline your operations in China.
