Is Paid Maternity Leave Available In China?

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Maternity leave in China is a paid leave provided to female employees for childbearing, with a basic maternity leave of 98 days, starting at 15 days prior to childbirth and potentially extended by 15 days under special circumstances such as dystocia. New mothers are entitled to a 98-day paid maternity leave nationwide, with additional extensions available for difficult or multiple births.

In mainland China, the basic maternity leave includes a maternity allowance in lieu of salary if the employee has participated in maternity insurance for a child. The issue of maternity leave and relevant salary payment for pregnant employees is regulated in the Special Rules on the Labor Protection of Female Employees.

China’s maternity leave policies provide working women with paid time off work before and after childbirth. Eligibility requirements, duration, pay, benefits, and recent changes to support these policies are detailed in the Special Rules on the Labor Protection of Female Employees. As of 2023, the national policy is 98 calendar days: 15 days before the birth and 83 days afterward.

New fathers and mothers are entitled to 10 working days of employer-paid parental leave in total per year for each child under age three. A female employee (including foreign employee) is entitled to 98 days of maternity leave (of which 15 days can be taken before delivery and 83 days after birth).

China’s decision to allow a couple to have three children has affected the length of maternity and paternity leave in different regions. The chart of materinty leave provides a comprehensive overview of the legal rights and benefits of female employees during maternity leave, including maternity allowances, medical expenses, and extended maternity leave.

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📹 Is Maternity Leave Paid in China?

One for the new moms! A quick look at Maternity Leave Pay in China. Check out our companion article, which breaks down …


What Country Has The Longest Paid Maternity Leave
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What Country Has The Longest Paid Maternity Leave?

Bulgaria boasts the most generous maternity leave globally, providing new parents with a remarkable 410 days of paid leave, which translates to 58. 6 weeks. This leave starts 45 days before the child's due date and compensates mothers at 90% of their salary. Among the countries with comprehensive paid maternity leave, Bulgaria stands out in Eastern Europe, followed by Croatia, which offers potentially up to 58 weeks but guarantees pay for only 30 weeks. Other notable countries include Albania, Bosnia and Herzegovina, and Montenegro, each offering 52 weeks, while Norway offers up to 49 weeks at full pay or 59 weeks at 80% pay.

In contrast, much of the U. S. lacks federal paid maternity leave policies, although some states like California, New Jersey, New York, and others have implemented their own paid leave initiatives. Internationally, the recommended minimum for maternity leave is 14 weeks. Other countries like Estonia provide up to 86 weeks of maternity leave with partial pay. Overall, Bulgaria leads the world in providing extensive paid maternity leave, crucial for maintaining women's participation in the workforce and reducing financial pressures on families.

Why Doesn'T The US Have Paid Maternity Leave
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Why Doesn'T The US Have Paid Maternity Leave?

In the U. S., business interests often influence the debate over a national paid leave program, with concerns that a universal plan might disadvantage smaller companies compared to larger corporations. Despite significant research highlighting the benefits of paid parental leave for families and society, the U. S. remains the only developed nation without a mandatory paid maternity leave policy. According to various reports, the U. S. is one of just eight countries worldwide lacking guaranteed government-supported parental leave.

Public sentiment favors paid leave, yet polls indicate Americans prefer employers to fund it rather than the federal government. The historical context, particularly post-World War Two individualism and self-determination, complicates the issue further. Currently, only a fraction of employees have access to family leave benefits. Some states have enacted their own legislation, but there’s no federal act mandating paid family or maternity leave. While initiatives are being considered, like a proposal for four weeks of paid family and medical leave, the U.

S. continues to lag behind other developed nations in providing essential support to parents. The lack of government funding, especially since the majority of initial beneficiaries were women, reflects deeper societal and political obstacles.

How Long Maternity Leave Can A Chinese Woman Take
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How Long Maternity Leave Can A Chinese Woman Take?

In China, female employees are entitled to a basic maternity leave of 98 days, which can be initiated at their discretion up to 15 days before childbirth. This leave may be extended by an additional 15 days under special circumstances, such as difficult deliveries (dystocia). According to the Provisions on Female Labor Protection under Special Circumstances, this structure ensures women can take adequate time off, although maternity leave is not obligatory, allowing mothers to choose the duration based on their needs.

Furthermore, a 2021 survey highlighted that about 80% of women in China utilize their maternity leave fully. Larger regions may offer more extended leave; for example, some provinces have higher minimums, such as 158 days. There are additional provisions for multiple births or complications such as miscarriages, enabling mothers to receive up to 75 days of leave, augmented by regional regulations.

As of November 2021, changes in national policy saw a rise in the maternity leave duration from 128 days to 158 days, including weekends and public holidays, applicable for births after this date. Generally, maternity leave in China is structured to begin 15 days before the expected delivery, typically involving 83 days post-birth. Local governments typically supplement the national mandate, providing varying benefits; however, foreign workers usually receive only the minimum 98-day leave without local extensions.

What Country Gives 1 Year Maternity Leave
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What Country Gives 1 Year Maternity Leave?

Estonia boasts the most comprehensive maternity leave, offering over one year of leave with up to 86 weeks off, including 20 weeks at 100% of the employee's salary. Following Estonia, Bulgaria provides the most maternity leave overall, at 58. 6 weeks. However, its paid rate is notable as well, with a substantial average of 90%. In contrast, maternity leave tends to be shortest in Africa and the Middle East, exemplified by Qatar and Tunisia, where it averages only 4 to 5 weeks.

Major economies, such as China, India, and the United States, offer varying leave durations but generally provide less structured support. While the United States lacks federal paid parental leave, some states like California and New Jersey have enacted their own paid maternity leave laws. Similarly, Albania offers three types of parental leave contingent on social security contributions. Countries like Norway, with 343 days at 100% pay, and the UK with 273 days at 90% pay, also stand out for their generous policies.

Other nations, such as Denmark, Norway, and Sweden, allow extensive leave that can be equally shared between parents, further establishing the benchmark for global maternity leave standards. A comprehensive guide on international maternity leave describes the diverse approaches to supporting new parents worldwide.

How Does China'S Family Planning Laws Affect Maternity Leave Policies
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How Does China'S Family Planning Laws Affect Maternity Leave Policies?

China's family planning laws significantly influence maternity leave policies, ensuring female employees who give birth in accordance with these policies receive maternity leave benefits. This legislation aims to advance gender equality and protect women's rights in the workplace. In many regions, including 25 provincial-level areas, new mothers are entitled to additional maternity leave, typically ranging from 30 to 90 days.

Historically, local regulations have often offered more extensive maternity leave for women complying with family planning laws. For instance, since the adoption of the "three-child policy" in May 2021, provinces have begun revising their regulations to align with new national policies.

China's Population and Family Planning Law grants citizens reproductive rights while emphasizing their duty to adhere to family planning regulations. Notable cities like Beijing and Shanghai have extended maternity leave by an extra 30 days, and now provide "parental leave" for parents of children under three. With the establishment of the three-child policy and enhancements to the fertility support system, the current landscape of family planning has shifted aims to encourage higher birth rates.

Maternity leave provisions are intended to alleviate workplace pressures on mothers, yet they also reveal complexities concerning salary compensation and workforce dynamics in relation to gender discrimination, as highlighted in recent studies.

Can A Female Employee Take Maternity Leave
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Can A Female Employee Take Maternity Leave?

According to Ugandan labor laws, female employees with valid contracts are entitled to maternity leave without a stipulated minimum service period. Specifically, they are granted 60 working days of leave, with at least four weeks post-childbirth or miscarriage. Furthermore, women can apply for maternity leave at any pregnancy stage and return to the same or an equivalent position afterward. This provision was designed to support working women during significant life changes without risking their employment.

In the context of the U. S., federal law protects employees against discrimination and harassment related to pregnancy if they work for employers with 15 or more employees. Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for childbirth, recovery, or caring for a family member with a serious health condition, including pregnancy.

Employers cannot compel employees to take leave if they can perform their job and must accommodate reasonable requests for maternity leave. Maternity leave is recognized as a crucial employee benefit, and public employees have rights to reasonable leave of absence for pregnancy, often amounting to six weeks. Pregnancy discrimination is illegal, with the Equal Employment Opportunity Commission (EEOC) enforcing relevant laws. The maternity leave policies vary broadly in the U. S., influenced by federal, state, and company-specific regulations.

What Countries Give 1 Year Maternity Leave
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What Countries Give 1 Year Maternity Leave?

Bulgaria boasts the longest maternity leave at 410 days with 90% pay, making it the top country for maternity leave. Other notable countries include Norway, offering 343 days at 100% pay; the UK with 273 days at 90% pay; and Sweden, which provides 390 days at 80% pay. Many countries, particularly in Africa and the Middle East, have much shorter durations—Qatar and Tunisia average just 4 to 5 weeks. The US is unique among developed nations, as it offers no national paid maternity leave, with provisions varying by employment tenure.

In Estonia, mothers can take 86 weeks total, including 20 weeks fully paid. A comprehensive review shows over 120 countries offer paid maternity leave, with most OECD countries averaging 18. 5 weeks. Other countries like Canada, Germany, and India also have specific maternity provisions, allowing for varying lengths and pay rates. Highlighting the importance of paid leave, countries differ notably in their support for new parents with unpaid portions common among many global policies. Ultimately, Bulgaria stands out not only for length but also for the pay rate, reinforcing its position as a leader in maternity leave benefits globally.

What Is China'S Maternity Leave Policy
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What Is China'S Maternity Leave Policy?

As of 2023, China mandates a national paid maternity leave of 98 calendar days, which consists of 15 days before childbirth and 83 days after. This policy, outlined by the International Network on Leave Policies and Research (INLPR), allows some extensions for complicated or multiple births. Although all female employees in China receive this standard leave, local governments often enhance benefits, resulting in many mothers enjoying longer time off. Foreign female employees, however, are limited to the basic 98-day leave without local extensions.

During maternity leave, women receive a maternity allowance based on their insurance policy and salary. According to Article 7 of the Special Provisions, employees may start their leave at their discretion, and special circumstances like dystocia grant an additional 15 days. Certain regions in China allow for an extra maternity leave ranging from 30 to 90 days, depending on local population regulations.

Parental leave laws apply universally to all citizens, with parents entitled to 10 working days of employer-paid leave for each child under three. This comprehensive framework aims to enhance family health and support working mothers, aligning with China's broader family planning policies.

How Long Is Maternity Leave In Japan
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How Long Is Maternity Leave In Japan?

In Japan, maternity leave consists of 14 weeks in total, divided into 6 weeks of prenatal leave and 8 weeks of postnatal leave. Pregnant employees can take this leave starting 6 weeks prior to their expected delivery date, with the possibility to extend to 14 weeks in case of multiple pregnancies. Maternity leave is officially designated as 98 days: 42 days before and 56 days after childbirth. During this leave, women are entitled to a maternity allowance that covers approximately 67% of their average salary.

Employees have the option to return to work as early as 6 weeks after giving birth, pending doctor approval. Maternity leave regulations allow flexibility, as employees are not obligated to take the leave if they choose to work closer to their due date, provided they consult with their employer and healthcare provider. The law accommodates both mothers and fathers, enabling each parent to take paid leave for up to one year after the child’s birth.

The duration and provision of maternity leave aim to create a supportive work environment that enables continuous employment during pregnancy, childbirth, and child-rearing. Overall, expecting mothers can benefit from a structured leave that promotes well-being and family care.

What Is Maternity Leave In Beijing
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What Is Maternity Leave In Beijing?

In Beijing, female employees are entitled to a basic maternity leave of 98 days, which includes 15 days prior to delivery. Complicated births, such as dystocia, warrant an additional 15 days, while mothers of twins or more receive an extra 15 days per additional child. New regulations passed on November 26 extend the maternity leave from 30 to 60 days, in addition to the standard 98 days. The 2023 report from the International Network on Leave Policies and Research indicates that the maternity leave policy in China generally offers 98 calendar days, which comprises 15 days before childbirth and 83 days afterward.

In various regions, including Guangzhou and Hainan, this duration can rise to 178 or even 190 days. Moreover, Beijing and Shanghai women can access up to 158 days of maternity leave. Parental leave, which allows both new parents to take 10 working days per year for each child under three, is also being introduced in some provinces. Employees who have participated in maternity insurance are entitled to receive a maternity allowance as part of their leave. As of now, China’s maternity leave policy mandates paid time off for mothers around childbirth, reflecting growing support for working women.

What 7 Countries Do Not Have Paid Maternity Leave
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What 7 Countries Do Not Have Paid Maternity Leave?

Seven countries in the United Nations, specifically the Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Tonga, and the United States, do not mandate paid maternity leave for new parents. However, several U. S. states, including California, New Jersey, New York, Rhode Island, Washington, and the District of Columbia, have established their own paid maternity leave policies. Among 41 countries studied, 20 allocate the majority of their paid leave to maternity leave, with six countries—Canada, Israel, Slovakia, Switzerland, Costa Rica, and New Zealand—offering fully paid maternity leave.

While many countries provide paid leave, the coverage and duration vary widely; for instance, Gambia and Djibouti guarantee six months, while Ethiopia and South Africa offer four months. In contrast, the U. S. lacks a national paid maternity leave law and is one of nine OECD countries without any leave policies for fathers. Currently, the average paid maternity leave across the OECD lasts 18. 5 weeks—much shorter than in Greece, which offers 43 weeks. The lack of a national policy in just a handful of countries highlights the disparities in parental leave provisions globally, while many nations continue to improve their maternity leave benefits.


📹 Regulations On Maternity Leave And Allowances In China

We have collected and classified regulations of all provinces or cities, and share the classification we made as follow: · 30 days of …


Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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