Maternity Leave and Salary under China Law
The issue of maternity leave and relevant salary payment for pregnant employees is regulated in theSpecial Rules on the Labor Protection of Female Employees 《女职工劳动保护特别规定》（hereinafter the “Rules”), specific policy and regulation are as follows:
1) Period of maternity leave：
In accordance with Article 7 of the rules, the maternity leave of female employees shall be 98 days, including 15 days of antenatal leave. An extra maternity leave of 15 days shall be granted in case of dystocia. Female employees who bear more than one baby in a single birth shall be granted an extra maternity leave of 15 days for each additional baby borne.
2) Salary payment:
In accordance with Article 5 and Article 6 of the rules, no employer shall reduce the wages of, dismiss, or rescind the labor or employment contract with a female employee due to pregnancy, childbirth or breast feeding. In addition, the time spent by pregnant female employees on antenatal examination during labor hours shall be included in labour hours.
During the time of rest days for maternity leave, salary payment/maternity subsidy for pregnant female employees could be divided into two types:
1) those who have participated in maternity insurance shall be paid by the maternity insurance fund on the basis of prescribed maternity insurance items and standards, which indicates the employers/company do not need to undertake any salary payment/maternity subsidy in this case;
2) those who have not participated in maternity insurance shall be paid by the employers/company, which shall be calculated on the basis of the wages of female employees prior to their maternity leave.
If you still have any questions, please feel free to contact us.