Over the past few weeks our China lawyers have been asked questions for the rights of the pregnant employees, especially during pandemic period. As we know, China has made great progress regarding creating a better system for maternity protection. We have been offering legal advice not only for the employees but also for the employers to make sure they do not violate related regulations.
The maternity leave varies in China by regions. Employers need to be cautious to check up on regional legislation for the exact timeframe of the maternity leaves, as well as additional extensions. National legislation allows for a minimum of 98 days. However, additional leaves will be given based on birth situations and pregnancy, and may vary region by region.
Take Beijing as an example. Employees enjoy an extended maternity leave of 60 days which means in total, employees in Beijing will have 158 days for maternity leave. In certain special situations, such as difficult labor or multiple births, then another 15 days will be added. Employers need to make sure to always pay maternity insurance for employees on maternity leave. If the employer fails to do so, the employee may go to the social security bureau to report at any time.
Employers have to remember that terminating a pregnant employee during their pregnancy, maternity leave, or breastfeeding period (a year counted from the date of birth), is not allowed unless the employee seriously violates related rules and regulations of employment handbook. The burden of proof to demonstrate the level of serious violation required is high, and the employer still has high chance to lose the labor arbitration. What’s more, in Beijing, even where the Employment Agreement with the employee is due to expire during the protected period, the Employer may not allow the agreement to expire, it has to be extended until the end of the lactation period.
No matter if you are the employee or the employers, welcome to contact us for more detailed regulations so as to better safeguard your rights and interests.