Maternity Leave Basics
The following regulations are commonly cited provisions from Special Rules on the Labor Protection of Female Employees. Note, Article 7 below extends the maternity leave period granted in Article 62 of the Labor Law of the People’ Republic of China from a minimum of 90 days to 98 days. The are many locally mandated extensions to maternity leave, but these extensions are usually granted through family planning regulations which generally only apply to Chinese citizens.
Article 5
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.
第五条
用人单位不得因女职工怀孕、生育、哺乳降低其工资、予以辞退、与其解除劳动或者聘用合同。
Article 6
Where a female employee is no longer competent at her original labor during the period of pregnancy, the employer shall, based on the certificate of a medical institution, reduce the volume of labor or arrange other labor that she is competent at.
The employer shall not prolong labor hours or arrange night-shift labor for female employees in or after the seventh month of pregnancy and shall give certain rest time during their labor hours.
The time spent by pregnant female employees on antenatal examination during labor hours shall be included in labor hours.
第六条
女职工在孕期不能适应原劳动的，用人单位应当根据医疗机构的证明，予以减轻劳动量或者安排其他能够适应的劳动。
对怀孕7个月以上的女职工，用人单位不得延长劳动时间或者安排夜班劳动，并应当在劳动时间内安排一定的休息时间。
怀孕女职工在劳动时间内进行产前检查，所需时间计入劳动时间。
Article 7
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 born.
Female employees who have a miscarriage before the fourth month of pregnancy shall be granted 15 days of maternity leave; and female employees who have a miscarriage in or after the fourth month of pregnancy shall be granted 42 days of maternity leave.
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。
Article 8
The maternity subsidy for female employees who have participated in maternity insurance during their maternity leave shall be paid by the maternity insurance fund and calculated on the basis of the average monthly wages of employees paid by employers during the previous year; and the maternity subsidy for female employees who have not participated in maternity insurance shall be paid by the employers and calculated on the basis of the wages of female employees prior to their maternity leave.
The medical expenses for the childbirth or miscarriage of female employees who have participated in maternity insurance shall be paid by the maternity insurance fund on the basis of the prescribed maternity insurance items and standards; and the medical expenses for those female employees who have not participated in maternity insurance shall be paid by the employers.
第八条
女职工产假期间的生育津贴，对已经参加生育保险的，按照用人单位上年度职工月平均工资的标准由生育保险基金支付；对未参加生育保险的，按照女职工产假前工资的标准由用人单位支付。
女职工生育或者流产的医疗费用，按照生育保险规定的项目和标准，对已经参加生育保险的，由生育保险基金支付；对未参加生育保险的，由用人单位支付。
Article 9
No employer shall prolong labor hours or arrange night-shift labor for female employees who have to feed a baby under the age of one.
Employers shall, within the labor hours every day, arrange one hour of feeding time for female employees during lactation period; and female employees who have borne more than one baby in a single birth shall be granted an extra feeding time of one hour for each additional baby fed.
第九条
对哺乳未满1周岁婴儿的女职工，用人单位不得延长劳动时间或者安排夜班劳动。
用人单位应当在每天的劳动时间内为哺乳期女职工安排1小时哺乳时间；女职工生育多胞胎的，每多哺乳1个婴儿每天增加1小时哺乳时间。
Special Rules on the Labor Protection of Female Employees
http://en.acftu.org/28616/201408/26/140826131330762_2.shtml (link may be down)
女职工劳动保护特别规定
http://www.gov.cn/zwgk/2012-05/07/content_2131567.htm
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