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china maternity leave payment

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Ius Laboris is the world's largest global HR and employment law firm alliance. In this case, the female employee is paid by the Social Security Bureau.

The purpose of this article is to inform our clients or readers of a changing legal landscape. You may be trying to access this site from a secured browser on the server. In other words, 98 days of maternity leave is the least maternity leave available to every female employee, there will be extra maternity leave applied to different situations.

And do not forget that just like everywhere else in China, Beijing employers are generally prohibited from terminating an employee during his or her paternity/maternity or to reduce that employee’s wages in any way.

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 is therefore entitled to an additional ‘late maternity leave’ of roughly 30 days (this may vary widely by location, e.g. Additionally, if a female employee gets pregnant and they have signed a fixed-term contract, and the contract is due to end during the pregnancy, it has to be extended until the end of the breastfeeding period. Starting from the 12 th week of pregnancy, a pregnan t employee will need to go for an increasing number of prenatal check-ups, for which she is entitled to paid leave. All permanent, full-time, female, employees are eligible for paid Maternity Leave of one hundred and twenty-eight (128) days.

According to the ILO and the WHO (World Health Organization), breastfeeding has a great many health benefits for babies and mothers.

Different regions also have different additional rules regarding situations during and after pregnancy. She is a native Beijinger who has studied and lived in the United States for many years. Under its amended regulations, Beijing now requires a minimum of 128 days maternity leave (this is 30 days longer than the statutory minimum before the amendment). For more information, please contact our HR specialists: For example, in Beijing and Shanghai, any allowance that is above three times the regional average has to be paid by the employer.

if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Female employees are entitled to 98 days of maternity leave, including 15 days of prenatal leave. After the abolition of the one-child policy in late 2015, many provinces changed the wording of ‘late maternity leave’ to ‘maternity rewards leave’ (生育奖励假). Maternity leave benefits are payments given to mothers who can’t work because they're pregnant or have recently given birth. While on Maternity Leave, you should maintain open communication with your manager and the HR Source [VMware network access required]. Antoine’s passion for global workforce efficiency has led him to accelerate the growth of over a hundred foreign companies in record time. Connect. For more information, please contact our HR specialists:, Foreign employees in China can take 98 days of paid maternity leave, but are not eligible for late maternity leave. Payment rules depend on locality. Feeding time is counted as working time.

Similarly, the medical expenses for childbirth, miscarriages, and abortions are paid from the maternity insurance fund, but if the employee is not insured, the medical expenses will be paid by the employer. } We do not have maternity insurance and the company will not tell me if I pay into the social security in China or not.

I am now 7 months along and they are continuing to tell me that I am not covered under this Chinese law as a foreigner, and trying to tell me I am entitled only to what is written in the international school contract (which is 2 weeks) even though I signed a contract with the Chinese school which does not have any such clause. Required fields are marked *. Generally, a Chinese female employee (assuming that the employee has participated in maternity insurance) is paid by the Social Security Bureau where the woman is registered. Female employees receive a maternity allowance during their maternity leave. } If an employee meets neither test, he or she still may be eligible for parental-leave payments if he or she has been employed as a worker—not necessarily for the same employer—for at least an average of 10 hours a week for any 26 of the 52 weeks immediately preceding one of the following: Employers can provide for additional paid leave in their workers' employment agreements. Zou knew that her company, a travel agency in Shanghai, paid her insurance.

In China, women are entitled to 98 days of paid maternity leave, according to a female labor protection regulation promulgated by the State Council in 2012. Internal Phone: ext. China. Operational throughout China, ASEAN and India, our mission is to guide foreign companies through Asia’s complex regulatory environment and assist them with all aspects of establishing, maintaining and growing their business operations in the region. The Regulation on Labour Protection of Women Workers which was amended and adopted in late 2012 was a huge advancement towards international maternity standards. PR China, © 2020 New Horizons Global Partners LTD. All rights reserved. In most cases, maternity leave can only start to be taken 15 days before the expected due date. I have been told in Shanghai they just pay the average monthly salary and if it is lower than the actual salary of the employee, than that’s too bad. If an employer has paid maternity insurance for an employee, the social insurance fund will pay the employee during her maternity leave. Collaborate.

Everything you ever wanted to know about doing business in China we make it happen for you. Additionally, the mother may have 2 and a ½ months of pre-delivery leave if she asks the employer for it and the employer approves the request. businesses establish, maintain, All permanent, full-time, female, employees are eligible for paid Maternity Leave of one hundred and twenty-eight (128) days.

Your base salary will be paid at 100% during your Maternity Leave. We call these your best weeks. In this edition of China Briefing, we guide readers through a range of topics, from the reasons behind foreign investors’ preference for the WFOE as an investment model, to managing China’s new regulations. If the employee gives birth to more than one child at a time, an additional 15-day maternity leave shall be given for each additional infant. ​Around the globe, parental-leave requirements vary tremendously—consider the requirements of China versus those in India, or the intricate mandates in New Zealand. Faced with the new reality of a slowing economy and ongoing environmental issues, China now sees sustainabilit... Dezan Shira & Associates helps The bottom line for you in this is: be careful to check up on regional legislation to know exactly what the exact timeframe of the maternity and paternity leaves is, as well as additional extensions due to specific circumstances.

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