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Regulations on Maternity, Child-bearing and Breast-feeding Leave for Female Employees, and Other Relevant Treatment
2016-08-08 15:08:18

I. Two-children Policy

Article 23 of the newly amended Regulation on Population and Family Planning of Shanghai Municipality stipulates: “It is advocated that a couple only has two children.”

 

II. Wedding Leave

According to the Circular on Application by Employees of State-owned Enterprises for Wedding Leave, Funeral Leave and Travel Leave, promulgated by the State General Labor Bureau, if an employee get married, he or she shall be entitled to one to three days in accordance with circumstances.

Article 31 of the newly amended Regulation on Population and Family Planning of Shanghai Municipality stipulates: “Citizens who get married in compliance with the law are entitled to an extra 7-day wedding leave, in addition to the wedding leave, as stipulated by the state.”

The Question-Answer Document on the newly revised Regulation on Population and Family Planning of Shanghai Municipality indicates: “The additional 7-day wedding leave shall be generally used with the regular wedding leave in a consecutive way (including weekends), and shall be automatically postponed in case of public holidays.”

 

IIIMaternity Leave

Article 7 of the Special Regulation on the Labor Protection of Female Employees, promulgated by the State Council, stipulates: “A child-bearing female employee shall be entitled to 98 days of maternity leave, including 15 days of antenatal leave. An extra 15-day maternity leave shall be granted for a case of dystocia. A female employee with multiparity shall be entitled to an extra 15-day maternity leave for the delivery of each additional baby. 15 days of maternity leave shall be given to a female employee who has had a miscarriage during the pregnancy of less than four months, while 42 days shall be given to a female employee aborting during the pregnancy of four months or more. ”

 

IV. Child-bearing Leave/ Paternity Leave

Article 31 of the newly amended Regulation on Population and Family Planning of Shanghai Municipality stipulates: “Among couples who give birth in accordance with laws and regulations, women can enjoy 30-day child-bearing leave, apart from the state-set maternity leave, and men can enjoy 10-day paternity leave. Remuneration and benefits on child-bearing leave shall be the same as maternity leave. Same salary should be paid on paternity leave as that for normal attendance.”

The Question-Answer Document on the newly revised Regulation on Population and Family Planning of Shanghai Municipality indicates: “The 30-day child-bearing leave shall be generally used with the regular maternity leave in a consecutive way (including weekends), and shall be automatically postponed in case of public holidays; The 10-day paternity leave shall be used on maternity leave of a delivery woman (including weekends), and shall be automatically postponed in case of public holidays.”

 

VPrenatal Leave

Article 6 of the Regulation on the Labor Protection of Female Employees of Shanghai Municipality stipulates: “Female employees’ prenatal checks during working hours shall be included into working hours.”

Article 12 of the Regulation on the Labor Protection of Female Employeess of Shanghai Municipality stipulates: “ A female employee entering into her 7th month of pregnancy shall be entitled to one-hour break per working day. If a female employee’s application for prenatal leave is approved by her employing unit in line with working conditions, she may enjoy two and a half months’ prenatal leave.”

 

VI. Lactation Leave

Article 16 of the Regulation on the Labor Protection of Female Employees of Shanghai Municipality stipulates: “Female employees may be entitled to a 6.5-month lactation leave with the approval by her employing unit of her application, in case she encounters difficulties after child-birth.”

Article 18 of the Regulation on the Labor Protection of Female Employees of Shanghai Municipality stipulates: “Female employees shall get fully paid as usual during maternity leave and shall be paid at a rate of 80% of the regular monthly salary during pre-maternity leave and lactation leave. The pre-maternity leave, maternity leave and lactation leave shall be regarded as regular work hours when employing units conduct performance appraisal for salary growth.”

 

VIIMaternity Subsidies 

Article 8 of the Special Regulation on the Labor Protection of Female Employees, promulgated by the State Council, stipulates: “When a female employee who has participated in the maternity insurance gives birth, maternity subsidies shall be paid to the employee from the maternity insurance fund at the rate of the average monthly salary of the employees of her employing unit during the previous year. When a female employee not covered by the maternity insurance gives birth, maternity subsidies shall be paid to the employee by her employing unit on the basis of her salary before the maternity leave.”

 

The Circular by the Shanghai Municipal People’s Government on Relevant Rules for Adjusting Maternity Insurance Treatment for Female Employees in Shanghai in Compliance with the Special Regulation on the Labor Protection of Female Employees stipulates: “If the maternity subsidies of a female employee are lower than her pre-maternity leave salary in Shanghai, issues concerned shall be handled in accordance with Clause 1, Article 27 of the Law on the Safeguarding of Women’s Rights and Interests of the People’s Republic of China, and Article 5 of the Special Regulation on the Labor Protection of Female Employees.”

 

Clause 1 on Article 27 of the Law on the Protection of Women’s Rights and Interests of the People’s Republic of China stipulates: “ When a female employee is married or in her pregnancy or lactation period, etc., her employing unit shall not reduce her salary, dismiss her or dissolve unilaterally the labor (employment) contract or service agreement with her, except that the female employee demands to terminate the labor (employment) contract or service agreement.”

 

Article 5 of the Special Regulation on the Labor Protection of Female Employees stipulates: “When a female employee is in her pregnancy, confinement or lactation period, her employing unit shall not reduce her salary, dismiss her or dissolve the labor or employment contract with her.”