Working Mothers in China

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 14.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 12 month(s) of life of the child
Does the law require parental leave for parents? No
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? No

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

Female employees are entitled to 98 days of maternity leave including 15 days of prenatal leave. Maternity leave may be extended by fifteen days under special circumstances such as dystocia/difficult birth, multiple births (15 days leave for each additional infant) and miscarriage that occurred in the first 4 months of pregnancy. This leave is 42 days if miscarriage occurred after the first 4 months.

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 thereby will be entitled to an additional ‘late maternity leave’ of roughly 30 days (this may vary widely by location, e.g., 45 days in Dalian).

Sources: Regulations on Labour Protection for Female Workers and Employees 1988;Regulations on Special Labour Protection for Female Employees 2012

According to Labour Law, 1994, female workers are entitled to maternity leave with full pay.

Generally, a registered female employee is paid by the Social Security Bureau.

Source: § 62 of the Labour Law 1994

More about parental leave:

There is no provision in the law on paid or unpaid parental leave.