Let’s take a look at the China Employment Laws regarding pregnant and nursing employees. As you may be aware, China has set very high expectations on how would-be mothers are treated in the workplace. Foreign companies are many times not up to date with these laws and one such American company had to pay a hefty sum for violating the rules.
The most important thing that the China employment law highlight as to this issue is that an employer cannot terminate the labor contract of a pregnant or nursing mother, or include a mother in a mass layoff. Pregnant women cannot be fired from their working position by giving them a 30 days’ notice or an additional one month salary. If the labor contract of a worker expires while they are pregnant, it must be extended until the mother has completed nursing. In legal terms, that means till the baby is one-year-old.
Employers of soon to be mothers are also prohibited from having them work night shifts or overtime particularly after the mark of seven months pregnant. This rule also applies to mothers who are nursing. Mothers are also allowed to provide a certificate from their health care provider if they are unable to perform their usual work, in which case, employers are to oblige to by reducing or adjusting their workload and responsibilities.
Female workers are entitled to special leaves that include:
• Total 98 days of maternity leave which starts approximately 15 days before the predicted due date.
• Additional special leave if required for “late childbirth.”
• In the case of a difficult childbirth, the employee is given an additional 15 days off.
• If the employer is expecting multiples, they are given an additional 15 days for each child i.e. twins, triplets, etc.
• 42 days off is given in case the employee miscarries a baby after 4 months of pregnancy.
The employers are also required to give their nursing mothers an additional hour off each day until the child is one-year-old. In the case of multiples, they are given an additional hour per day for each additional baby they have. Pregnant employees are allowed to go for their regular medical checkups during work hours. The employers of the pregnant workers, however, cannot ask them to compensate for the lost work time by working overtime.
Employers in China should keep in mind the above mentioned Labor laws. Failure to oblige by these laws can face civil damages, penalties, and even criminal liability.