How Do I Get Paid Maternity Leave?

Maternity leave refers to the leave treatment before and after childbirth of working women. It generally ranges from half a month before delivery to two and a half months after delivery. Late marriage and late childbirth can last up to four months, and female employees can enjoy maternity leave for no less than 98 days. During the period of maternity leave for a professional woman, the employer shall not reduce her salary, dismiss her or terminate the labor contract in other forms.

Maternity leave

According to the current law, all female workers in China

Must-have leave

Maternity leave: 98 days + 30 days late childcare leave + 15 days (difficult delivery) + 15 days (multiple births for each additional baby)

Prenatal inspection: female workers

First, the maternity leave is paid according to

When the special labor protection rights of female employees are violated, female employees can take the following measures to protect their legitimate rights and interests:

The first is to appeal to the competent department of the enterprise or the labor inspection department. ("Shanghai

China's labor law clearly stipulates that female employees enjoy maternity leave of no less than 90 days for childbirth. These 90 days are divided into two parts: 15 days of prenatal leave and 75 days of postnatal leave. The so-called 15-day antenatal leave refers to the leave 15 days before the expected date of delivery. The maternity leave cannot be advanced or postponed. If the pregnant woman gives birth in advance, the insufficient days and postpartum leave can be used in combination; if the pregnant woman delays the birth, the excess days can be treated as sick leave. However, maternity leave is not available during sick leave).

In addition to the statutory basic maternity leave of 90 days, for some special reasons, female employees can enjoy increased maternity leave. The factors of dystocia and multiple births include "

On May 13, 2014,

In the name of the law, clarifying the care of the spouse and the care of the baby are not only conducive to fair gender commitment

According to statistics, currently 16 provinces across the country have revised their family planning regulations. This 1

Maternity protection eliminates "family planning" discrimination

The new "Special Provisions on Labor Protection for Female Employees", which was implemented in 2012, eliminated family planning discrimination, which means that overbirth employees can also enjoy maternity leave and maternity insurance benefits, and employers must not terminate labor relations on the grounds of overbirth.

Zhang Shuai, member of the Beijing Institute of Labor and Social Security Law, believes this is a legislative improvement. Previously, this article was criticized because, for whatever reason, female workers' maternity protection should be equal, but he also believes that China has a realistic situation. Whether being deleted means that other relevant provisions are not applicable, and it is not yet understood. ^[15]

After the Population and Family Planning Law was promulgated, many regions have issued corresponding local regulations. The Population and Family Planning Law only stipulates that the parties pay social maintenance fees and impose sanctions on the parties, but the local method rules provide more punishment. . As stipulated by Beijing, the hospitalization and medical expenses for childbirth are at their own expense, and their wages and benefits are suspended during maternity leave. ^[15]

Current maternity leave is too short, but 3-year maternity leave is not appropriate

Regarding the suggestions made by the deputies of the National People's Congress to extend female maternity leave to three years, some mothers think that the three-year maternity leave is too long and ideal. After all, social competition is fierce. If you go back to work after 3 years, you may not be able to adapt, and you will become anxious, which will not help your child's growth. Moreover, even if the company can cash in, with a large number of female employees taking 3 years of maternity leave, it will become more difficult for female college students to find a job after graduation. ^[12] Some interviewees stated that one-year maternity leave is more appropriate.