In China, a couple of laws and regulations stipulated the rights of female employees in respect of maternity leave. We selected from them several general rules to make the topic more easy to understand. But the laws always are subject to change and amendment, and you have the local policies to consider. So if you still have doubts and uncertainties after reading the points below, you’d better solicit a local lawyer’s expertise.

Who are entitled. If you have the mandated work and residence permits, and works on a full-time basis for a locally-registered subsidiary of an overseas company or a Chinese company, you are under China’s labour law’s protection. In simple words, only if you are locally hired and work full-time you are entitled. If you are seconded from your home country to China, you are not. If the labour contract has a clause which said the governing law is the law of the People’s Republic of China, in that case you are also under the cover of China’s labour law. If you are entitled, please go on reading.

Before childbirth. In China, normally the maternity leave of female employees shall be 90 days, including 15 days of antenatal leave and 75 days after childbirth. The 90-day period includes weekends and public holidays. The maternity leave pay must be equivalent to the wages earned by a female employee preceding her maternity leave. Time taken for prenatal examinations should also be counted as a part of women’s working time.

China promotes late marriage and late birth, for reason to control the growth of population. If you are more than 24 years old when you are giving birth, you are entitled to an additional month’s leave.

After childbirth. As mentioned above, normally you have 75 days paid leave after childbirth. An extra maternity leave of 15 days shall be granted in case of complicated. Female employees who have borne more than one child in a single birth shall be granted an extra maternity leave of 15 days for each additional baby borne.

When your baby is under 1 year old, each work day you are entitled to two feeding (including bottle feeding) breaks of 30 minutes each. For women who have borne more than one child in a single birth, the feeding break time is extended proportionally. The two feeding breaks during each work day may be taken consecutively.

Prohibited work. Certain types of work are prohibited for pregnant women: work classified as of Grade III labour intensity as specified by the state; any other work considered as taboo for female in times of pregnancy; extended working hours; night shifts for women seven or more months pregnant. For nursing women: work classified as of Grade III labour intensity, any other work considered as taboo during their nursing period, extended working hours and night shifts. Moreover, other work should be assigned to pregnant women unable to perform their usual work.

Employment protection. An employer is prohibited, without statutory causes, from dismissing a pregnant employee, beginning on the date she is confirmed pregnant by medical certificate until the expiration of her nursing period (i.e., 12 months after childbirth). A pregnant employee who is terminated is entitled to compensation equal to two times the statutory severance pay. In general, severance pay is calculated based on an employee’s monthly wage multiplied by her years of service: one month’s salary for each year of service, subject to a cap stipulated by the local government.

Miscarriage. In that case, female employees are entitled to a certain period of maternity leave with pay based on doctor’s recommendation.