This article uncovers common misconceptions about maternity leave in China, explaining the real costs and legal implications for international companies.
Maternity leave in China is governed by the PRC Labour Contract Law, which stipulates that female employees are entitled to a minimum of 98 days of paid maternity leave. This period can be extended to 158 days if the mother delivers twins or triplets, or if the child is born prematurely or with a low birth weight.
A common misconception is that maternity leave is only available for births. However, this is incorrect. Maternity leave can also be taken for stillbirths, miscarriages, or ectopic pregnancies, provided the employee has worked for the employer for at least a year.
Another misconception is that maternity leave pay is always full salary. In reality, the pay during maternity leave is calculated based on the employee's average monthly salary, which is subject to local regulations and can be lower than the employee's regular salary.
It is a common misconception that employers can dismiss employees on maternity leave. According to the PRC Labour Contract Law, employers are prohibited from terminating the employment contract of an employee on maternity leave, except under very specific circumstances.
Some businesses mistakenly believe that maternity leave is only for women. However, in China, both male and female employees are entitled to paternity leave, which is typically 7 days long.
The minimum maternity leave in China is 98 days for single births.
No, employers are prohibited from terminating the employment contract of an employee on maternity leave, except under very specific circumstances.
No, maternity leave pay is based on the employee's average monthly salary, which is subject to local regulations and can be lower than the employee's regular salary.
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