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Updated Maternity Leave & Paternity Leave

LegalTips LegalTips 2023-07-11
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China released a decision on improving birth policies to promote long-term and balanced population development in July 2021, allowing a couple to have three children.     

Following the decision, authorities have adopted a number of measures, including providing maternity insurance for the third child's birth, and easing the burden of excessive homework and off-campus tutoring for students in compulsory education.         

New mothers can have an additional maternity leave ranging from 30 days to 90 days in general in 25 Chinese provincial-level regions, which have completed revising their population and family planning regulations, according to an official with the National Health Commission.

According to the updated national and local family planning regulations, we compiled the following chart of materinty leave & paternity leave for your reference:

         

Related provisions:

Special Provisions on Labour Protection for Female Employees

Article 7: Female employees giving birth shall be entitled to a maternity leave of 98 days, of which 15 days may be taken before delivery; in the event of dystocia, the female employee shall be entitled to an additional 15 days; in the event of multiple births, the female employee shall be entitled to an additional 15 days for each additional baby.

A female employee who suffers a miscarriage during the first four months of pregnancy shall be entitled to 15 days of maternity leave; a female employee who suffers a miscarriage after the fourth month of pregnancy shall be entitled to 42 days of maternity leave.         

《女职工劳动保护特别规定》

第七条:女职工生育享受98天产假,其中产前可以休假15天;难产的,增加产假15天;生育多胞胎的,每多生育1个婴儿,增加产假15天。         
女职工怀孕未满4个月流产的,享受15天产假;怀孕满4个月流产的,享受42天产假。

          

Family Planning Law

Article 25: Couples that give birth to children in compliance with the provisions of laws and regulations may be entitled to rewards of extended maternity leave or other benefits.

《中华人民共和国人口与计划生育法》

第二十五条: 符合法律、法规规定生育子女的夫妻,可以获得延长生育假的奖励或者其他福利待遇。

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