China: Maternity Leave Policy

Article author
Shirley Tsai
  • Updated

Entitlement offered at national level

Statutory Entitlement

98 calendar days (include weekends and statutory public holidays)

Maternity leaves must be taken continuously

When is the earliest employee can take maternity leave?

15 days before due date

Maternity Payment

  • Maternity allowance is paid by the maternity insurance fund provided the employee is covered by maternity insurance. The amount is based on the employing unit's average monthly salary for the previous year. 
  • If she is not covered by maternity insurance, the allowance will be paid by the employer based on her salary before maternity leave. 
  • The above arrangement is the same for the medical expenses incurred on childbirth or miscarriage.

Nursing Mothers

  • Entitled to 1 hour breastfeeding break during working hours each day during lactation period. 
  • For multiple births, an additional one-hour breastfeeding break will be added for each additional baby. 
  • Employers must not assign female employees who are breastfeeding a baby under 1 year of age to work tasks requiring physical intensity stipulated by the state, or to other work that is prohibited during the lactation period. Employer must not assign them to work overtime or night shifts.

Required Documentations

  • Birth Certificate 
  • Marriage Certificate 
  • Medical Certificate from the hospital (Hospital Discharge Summary) 
  • Application Form and Proof of Maternity Insurance Contributions

Additional Days Provided at Provincial Level

ProvincesAdditional Provincial Entitlement (Calendar Days)
Beijing (北京)60
Shanghai (上海)90
Tianjin (天津)82
Hebei (河北)80
Shanxi (山西)70 - 80 (Varies by local law)
Inner Mongolia (内蒙古)60 (Increased to 90 for 2nd/3rd child)
Liaoning (辽宁)30
Anhui (安徽)Up to 267 (Subject to employer approval)
Shandong (山东)60
Hubei (湖北)90
Hunan (湖南)82
Guangxi (广西)80
Sichuan (四川)70 - 80 (Varies by local law)
Guizhou (贵州)60 (Increased to 90 for 2nd/3rd child)
Yunnan (云南)30
Shaanxi (陕西)Up to 267 (Subject to employer approval)
Ningxia (宁夏)60
Xinjiang (新疆)90
Henan (河南)82
Jiangxi (江西)80
Qinghai (青海)70 - 80 (Varies by local law)
Hainan (海南)60 (Increased to 90 for 2nd/3rd child)
Gansu (甘肃)
Heilongjiang (黑龙江)
30
Jilin (吉林)Up to 267 (Subject to employer approval)
Guangdong (广东)80
Chongqing (重庆)90
Fujian (福建)82
Zhejiang (浙江)80
Jiangsu (江苏)70 - 80 (Varies by local law)
Tibet (西藏)60 (Increased to 90 for 2nd/3rd child)

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