Q&A

The Special Provisions on Labor Protection of Female Workers promulgated by the Chinese State Council on April 28, 2012, state that a pregnant female employee should be given 98 days of maternity leave, of which 15 days can be taken prior to giving birth. In the case of twins or multiple births, the maternity leave should be extended by another 15 days for each additional baby. In addition, a pregnant female employee should receive 15 days of maternity leave if she has a miscarriage in the first four months of pregnancy, and 42 days of maternity leave if she suffers a miscarriage after the first four months of pregnancy. If a female employee gives birth after 24 years of age, it is considered late childbirth and highly encouraged in China. The female employee will be entitled to 30 extra days of maternity leave.

During the maternity leave period, the pregnant employee will receive monthly maternity allowance from the insurance fund in an amount equivalent to the previous year’s average salary paid by the company to its employees.

Some locations have implemented regulations that require that the employer cover the difference for employees who earn higher than the average wages. A fixed amount towards the costs of the childbirth will also be paid out.