1. Maternity leave refers to the vacation entitlement before and after the maternity period for working women. Maternity leave is generally from half a month before delivery to two and a half months after delivery, late marriage and late childbearing can be extended to four months before and after the birth of a female worker shall enjoy maternity leave of not less than ninety-eight days. During the period of maternity leave, the employer shall not reduce the wages of a working woman, dismiss her or otherwise terminate her labor contract.
2, now China's official implementation of maternity leave standards based on April 18, 2012, the State Council executive meeting to consider and adopt in principle the "Special Provisions on Labor Protection for Female Employees (Draft)". The draft extends the maternity leave enjoyed by female workers for childbirth from 90 days to 98 days and regulates related treatment.
3. On May 31, 2021, the Political Bureau of the Central Committee of the People's Republic of China convened a meeting to consider the Decision on Optimizing Reproductive Policy and Promoting Long-term Balanced Development of Population, proposing the implementation of the policy that a couple may have three children and supporting measures.On July 20, regarding the procedures for the birth of three children, the relevant departments and bureaus of the National Health Commission gave authoritative replies, and the woman who gives birth to three children enjoys National statutory maternity leave of 98 days (for the national policy).
4. According to current laws, all female workers in China are entitled to maternity leave during the period of their labor relationship. On April 18, 2012, the State Council promulgated the Special Provisions on Labor Protection for Female Workers and Employees, deleting the provision that "if a female worker violates the provisions on family planning, her labor protection shall be handled in accordance with the relevant provisions on family planning, and these provisions shall not be applied," which means that even if a female worker has an unmarried child, or has a child in excess of her age limit, she will not be deprived of her entitlement to maternity leave. This means that professional women who violate the laws and regulations on family planning by giving birth unmarried or by giving birth to more than one child are not deprived of the right to enjoy maternity leave, except for those working in state organs, public institutions and state-owned enterprises.
5. The relevant provisions on maternity leave and maternity allowances are as follows:
Special Provisions on the Labor Protection of Female Workers and Employees
Article 7: Female workers shall be entitled to 98 days' maternity leave for the birth of a child, of which 15 days may be granted prior to the birth of the child; in the case of a difficult birth, the leave shall be increased by 15 days; in the case of the birth of a multiple birth, the leave shall be increased by 15 days for each additional child. If a female worker is pregnant for less than four months and miscarries, she is entitled to 15 days of maternity leave; if she is pregnant for four months and miscarries, she is entitled to 42 days of maternity leave.
Article 8: The maternity allowance during the maternity leave of a female worker shall be paid by the Maternity Insurance Fund according to the standard of the average monthly salary of the employees of the employing organization in the previous year for those who have participated in the maternity insurance; for those who have not participated in the maternity insurance, it shall be paid by the employing organization in accordance with the standard of the salary of the female worker prior to the maternity leave. The medical expenses of a female worker who gives birth to a child or has a miscarriage shall be paid by the Maternity Insurance Fund for those who have participated in maternity insurance and by the employer for those who have not participated in maternity insurance, in accordance with the items and standards stipulated in the Maternity Insurance.