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Key Takeaways
- China has recently updated its maternity leave policies to support working mothers and promote balanced population growth.
- In major cities like Beijing and Shanghai, maternity leave has been extended to 158 calendar days, including weekends and statutory holidays.
- Nationwide, new mothers are entitled to a 98-day paid maternity leave, with additional extensions available for difficult or multiple births.
Mothers in China are entitled to paid maternity leave under China’s labor law. In this guide we break down the maternity and parental leave entitlements in China.
Overview of China’s Maternity Leave Policy
Maternity leave coverage in China is summarized in the table below:
| Type of Maternity Leave | Description | Duration |
|---|---|---|
| Standard Maternity Leave | Basic leave is provided to all new mothers. | 98 days (including 15 days before childbirth and 83 days after childbirth) |
| Extended Maternity Leave | Available for special cases such as difficult births or multiple births. | Varies by region; typically an additional 30 to 90 days (e.g., Beijing and Shanghai offer a total of 158 days) |
| Late Childbirth Leave | Additional leave is available for mothers giving birth at an older age (varies by region). | Varies by region, often includes extra days beyond the standard leave (e.g., up to 158 days in Beijing and Shanghai) |
| Leave for Difficult Births (Dystocia) | Extra leave for mothers experiencing complications during childbirth. | Additional 15 days |
| Leave for Multiple Births | Extra leave is available for each additional child in case of multiple births. | Additional 15 days per additional child |
| Miscarriage Leave | Leave provided in case of miscarriage. | 15 days if miscarriage occurs within the first four months of pregnancy |
| Paternity Leave | Leave is provided to fathers to support their partners. | Varies by region; generally ranges from a few days to two weeks (e.g., 14 days in many regions) |
Maternity Leave Legislation in China
The Chinese government has actively shaped maternity leave policies. The national period of maternity leave is 98 days, as set out by State Council Decree No. 619.
Following an update to China’s Population and Family Planning Law, married couples can now have up to three children. This policy change was intended to encourage higher birth rates.
As previously indicated, regional governments in various parts of China have also been altering maternity leave entitlements.
Provincial Variations and Municipal Differences
While the national standard sets a baseline, there are significant regional differences in maternity leave entitlements. Provinces and cities like Beijing and Shanghai have implemented additional leave days in addition to the national requirement.
For example, Beijing and Shanghai provide 158 days of maternity leave, an increase from 98 days, as outlined in the new policy updates. This extension reflects the local government’s efforts to offer more support to working mothers.
Details of Maternity and Parental Leave
China has detailed leave policies, ensuring support for both mothers and fathers. This section covers the length and conditions of both maternity and parental leave, including provisions for special cases and multiple births.
Standard Maternity Leave
In China, the basic maternity leave for mothers is 98 days. This period includes 15 days before childbirth and 83 days afterward. Mothers can choose to take less time off if they prefer. During this time, they receive a portion of their salary, often covered by maternity insurance.
Many women take the full leave period, but some adjust it based on personal or work situations. Social security helps support mothers during this critical recovery, ensuring they receive the necessary benefits and protections.
Extended Maternity Leave for Special Cases
Extended maternity leave applies to various special cases. For instance, new mothers in 25 Chinese provincial-level regions often get an additional 30 to 90 days. In Beijing and Shanghai, maternity leave can extend to 158 days, covering weekends and holidays.
Multiple births, dystocia (difficult labor), and other health complications can extend leave further. These additional days help mothers have adequate time to recover and care for their newborns without rushing back to work.
Paternity Leave and Parental Support
Paternity leave in China varies by region but generally offers a few days to two weeks for fathers. Though not as extensive as maternity leave, it provides initial support for new parents. For example, some city governments have introduced employer-paid parental leave days.
Parental leave policies are evolving to provide both parents with more balanced support. This helps promote shared parenting responsibilities and ensures both parents can bond with their newborns. These policies aim to foster a fair and supportive environment for family growth.
Employer Compliance and Employee Rights
Employers in China have specific responsibilities to ensure maternity leave policies are followed. Female employees are guaranteed certain rights during pregnancy and maternity leave. Family planning legislation is also crucial in defining these rights and ensuring HR compliance.
What Is the Employer Penalty for Non-Compliance?
If a company in China fails to comply with maternity leave laws, it can face serious legal and financial consequences. Employees who are denied maternity leave or dismissed during their protected period (which includes pregnancy, maternity leave, and up to one year of breastfeeding) have the right to file complaints with the local labor arbitration committee. In many cases, companies are ordered to reinstate the employee, pay back wages, and cover social insurance contributions. Courts have also awarded significant compensation for wrongful termination, with some cases exceeding RMB 100,000.
Administrative penalties are also common. Local Human Resources and Social Security bureaus can fine employers, require retroactive payments to maternity insurance, or in severe cases, suspend business licenses. Employers that fail to contribute to maternity insurance not only deny employees their statutory benefits but also expose themselves to legal enforcement actions and surcharges.
Beyond legal risks, non-compliance can damage a company’s reputation. In China’s urban centers, labor disputes often attract public attention on social media platforms like Weibo. Companies may also lose eligibility for government subsidies or contracts, particularly if they are applying for special statuses such as “high-tech enterprise.” Overall, failure to follow maternity leave requirements can result in substantial costs and long-term damage to a company’s operations and brand.
Maternity and parental leave rules vary by city and change frequently. MSA helps foreign businesses stay compliant with China’s labor laws and avoid disputes and penalties. Speak with our China labor law specialists. Message →
Financial Components of Maternity Leave
The key financial components of maternity leave are the Maternity Insurance Fund and the Maternity and Childcare Allowances. These provide income during leave and help cover medical expenses.
Maternity Insurance Fund
The Maternity Insurance Fund is designed to cover the income of female employees during their maternity leave. This fund is pooled from employer contributions and helps ensure that employees continue to receive their salary during their time off.
Employers are required to contribute to this fund. The amount paid out typically equals the salary the employee was earning before taking leave, ensuring financial stability during maternity leave. Additionally, the fund covers necessary medical expenses related to pregnancy and childbirth, reducing the financial burden on new mothers.
Maternity and Childcare Allowances
Maternity and childcare allowances provide additional financial support. These allowances are typically paid by the employer and are intended to help new mothers with the costs associated with childbirth and childcare.
In most regions, female employees receive a maternity allowance that matches their regular income. This allowance begins once the maternity leave starts and continues throughout the leave period. Parental leave has also been introduced in some cities, such as Beijing and Shanghai, offering extra benefits to balance work and child-rearing responsibilities.
Extra days of leave due to special circumstances like multiple births or complications are also covered by these allowances, helping ensure comprehensive support. This makes the financial aspects of maternity leave more manageable for working parents.
What Is the Impact on Society and the Workforce?
China’s maternity leave policies and family planning regulations influence population growth, women’s participation in the labor market, and broader socioeconomic factors. We consider some of the specific impacts below.
Population Growth and Family Planning Policies
After the one-child policy ended, the two-child policy has been one of the key measures to boost population growth. With the introduction of the three-child policy, further efforts have been made to encourage higher birth rates. These changes aim to address the aging population and ensure balanced population development. Recent family planning regulations have been adjusted to support these goals and help families feel stable while expanding.
Workforce Participation and Women’s Employment
Maternity leave in China impacts women’s employment and their participation in the workforce. Many female employees face challenges when taking time off, such as job security fears. Companies often express concerns over the costs of extended leave. Workplace gender discrimination can still be an issue, with some employers being reluctant to hire women who might take maternity leave. Addressing these issues is crucial for supporting working mothers and ensuring equal opportunities in the labor force.
Regional Variations in Maternity Leave
Maternity leave policies in China vary by region. Beijing, Shanghai, and Shenzhen each have specific regulations that impact the duration and conditions of maternity leave for employees.
Beijing Maternity Leave
In Beijing, female employees are entitled to a basic maternity leave of 98 days, including time taken before delivery. An additional 15 days are provided for complicated births, such as dystocia. If a mother gives birth to twins or more, she is granted an extra 15 days per additional child.
Moreover, Beijing has policies supporting late childbirth, defined as giving birth at age 24 or older. Women under this category can receive extra maternity leave, extending their total leave to approximately 128 days. The city’s municipal government supports these provisions to promote the well-being of both mother and child.
Shanghai Maternity Leave
Shanghai offers a slightly longer maternity leave policy. Female employees in Shanghai start with a basic 98 days of leave. For those who experience difficult childbirth, an additional 15 days are granted. The mother gets an extra 15 days per additional child if multiple births occur.
Late childbirth in Shanghai is particularly supported. For those who give birth after age 23, additional leave is provided that can extend up to 158 days in total. This extension encourages childbirth while ensuring mothers have ample time to recover and care for their newborns.
Shenzhen Maternity Leave
Shenzhen aligns closely with national standards but offers unique adjustments. Female employees in Shenzhen receive the standard 98 days of maternity leave. Additional leave is provided for women experiencing complications during childbirth or those having multiple births, with an extra 15 days for each complexity or additional child.
Maternity Leave Duration by City: National Standard vs Key Municipal Extensions
| Location | Base Statutory Leave | Additional Local Leave | Total Possible Leave | Legal Basis |
|---|---|---|---|---|
| Nationwide | 98 days | N/A | 98 days | State Council Decree No. 619 |
| Beijing | 98 days | +60 days | 158 days | Beijing Population & Family Planning Regulations |
| Shanghai | 98 days | +60 days | 158 days | Shanghai Municipal Family Planning Rules |
| Shenzhen | 98 days | Case-based extensions (e.g., difficult or multiple births) | 98–128 days | Guangdong Provincial Regulations (local implementation) |
| Multiple births | 98 days | +15 days per additional child | Varies | National rule + local implementation |
| Difficult birth (dystocia) | 98 days | +15 days | 113 days | National rule + local implementation |
Additional Support and Legislation
China has several laws and policies to support maternity leave and ensure fair treatment for working mothers. These policies also cover education regulations aimed at child development.
Protection from Discrimination and Unfair Treatment
Pregnant women in China are protected from discrimination and unfair treatment by law. Employers cannot terminate employment or reduce salaries due to pregnancy. This protection extends to breastfeeding mothers who face challenges, especially with night shifts. Employers are required to provide breaks for breastfeeding and appropriate facilities for this purpose.
Female employees are also safeguarded from demotion or unfavorable changes in their job roles. This includes protection against excessive workload demands during and after pregnancy. Such regulations help ensure that mothers can focus on their health and their child’s well-being without fear of job security.
Educational Regulations and Child Development
China has implemented regulations to support children’s education and development. Compulsory education in China ensures that every child attends school, minimizing educational disparities. The law also restricts excessive homework, aiming to reduce stress among students and promote a balanced life.
Additionally, new policies address the regulation of off-campus tutoring. These policies are designed to prevent overburdening children with extra academic work, thereby allowing them to enjoy more family time and recreational activities. This approach supports the overall development of children by ensuring they are not solely focused on academic achievement to the detriment of their physical and mental health.
Special Considerations in Maternity Leave
Maternity leave policies in China include several important aspects, such as late maternity leave, health implications for both the mother and child, provisions for disabilities or loss, and allowances for families having a second child.
Late Maternity Leave and Health Implications
Late maternity leave can impact both the mother’s and baby’s health. Women in China can start their 98-day maternity leave up to 15 days before the expected birth. Extra days can be added to address health needs if complications like dystocia occur. Timely and adequate leave helps ensure mother and child’s well-being during recovery.
Leave Allowances for Disability and Loss
Maternity policies in China also cover situations involving disabilities or loss. If a woman experiences complications during childbirth, she may get extra leave of up to 15 days. In the unfortunate event of a miscarriage, it results in additional leave so the mother can recover both physically and emotionally. These provisions highlight the importance of accommodating various health needs during and after childbirth.
Second Children and Family Expansion
China has updated its policies to accommodate families expanding beyond one child. For the birth of a second child, women can receive extended maternity leave. This is crucial for bolstering family health and ensuring adequate support and care. Some regions in China allow an additional 30 to 90 days of leave, recognizing the demands of larger families.
How Is Maternity Leave Related to Parental Leave and Paternity Leave in China?
In China, maternity leave, paternity leave, and parental leave are separate but interconnected components.
Paternity leave and parental leave supplement maternity protections by involving both parents in early childcare, although their scope and implementation vary across different regions of China. Paternity leave is generally short, often ranging from 7 to 30 days, depending on local rules. Some regions have introduced additional parental leave policies—available to either parent—that go beyond the basic statutory framework to encourage shared caregiving responsibilities. While not yet standardized nationwide, these policies reflect a growing recognition of the importance of gender-balanced family care.
Maternity leave entitlements in China now extend to 158 calendar days in major cities, and getting the policy right protects both employees and your bottom line. MSA Asia’s HR & payroll experts guide you through updated leave policies and statutory requirements. Get in contact to ensure your policy framework is current.
